What Is Criminal Mischief? Laws, Charges, Examples & Penalties

According to the Federal Bureau of Investigation (FBI) Uniform Crime Reporting Program, criminal mischief falls under the category of “property crimes,” which are defined as “offenses involving the unlawful damage or destruction of someone else’s property.

In legal terms, criminal mischief means intentionally or recklessly damaging, destroying, tampering with, or defacing another person’s property without permission.

Common Examples of Criminal Mischief

There are 10 common types of actions that can result in a criminal mischief charge. These include:

1. Spray-painting graffiti on a public or private building
2. Keying a car belonging to someone else
3. Smashing windows of a home or business
4. Slashing tires
5. Flooding an apartment by damaging pipes
6. Tampering with utility services like electricity or gas
7. Breaking CCTV cameras
8. Setting small fires to trash bins or mailboxes
9. Vandalizing school property
10. Throwing objects at moving cars or homes causing damage

These actions might seem like minor acts of vandalism, but they carry legal consequences—especially when intent or recklessness can be proven.

Criminal Mischief Cases

Case 1: Graffiti Tagger Faces Felony

In 2023, a man in Houston, Texas was charged with third-degree felony criminal mischief after being caught tagging over 20 public and private properties, causing over $7,500 in damages.

Case 2: College Prank Turns Criminal

In Florida, a student prank that involved clogging multiple dorm sinks and letting water overflow led to $50,000 in damages. The pranksters were charged with second-degree felony criminal mischief.

Case 3: Domestic Dispute Escalates

During a breakup, a woman smashed her ex-boyfriend’s windshield and broke his laptop. She was arrested and charged with misdemeanor criminal mischief due to the damage totaling less than $1,000.

What Is Considered a Criminal Mischief Charge?

To be charged with criminal mischief, prosecutors must prove three core elements:

1. Intent or Recklessness – The act was done on purpose or with blatant disregard for property.
2. Property Ownership – The damaged property belongs to someone else.
3. Actual Damage – There was measurable physical or financial damage.

The value of the damage, the method of destruction, and whether the act was part of another crime (like burglary or arson) will influence the severity of the charge.

Is Criminal Mischief a Misdemeanor or a Felony?

The classification varies by state law, but most states divide criminal mischief into misdemeanor and felony levels, depending on:

• Value of property damage
• Type of property targeted
• Risk to public safety
• Repeat offenses

Misdemeanor Criminal Mischief

• Typically involves damage under $1,000
• Examples: Keying a car, spray-painting walls
• Penalties: Up to 1 year in jail, fines up to $2,500

Felony Criminal Mischief

• Involves damage over $1,000
• Includes public infrastructure, utilities, or endangered safety
• Penalties: Up to 10 years in prison, fines up to $10,000 or more

What is the Criminal Mischief in the first degree?

Criminal Mischief in the First Degree is the most serious level of property damage offense. It typically involves intentionally or knowingly causing significant damage—often over a certain dollar amount (e.g., $1,500 or more), or using explosives, or damaging critical infrastructure like utilities, public safety equipment, or government property.

It is usually charged as a felony and can carry severe penalties, including prison time, large fines, and restitution.

What is criminal mischief 2nd degree?

Criminal Mischief in the Second Degree is a mid-level property damage offense that typically involves intentionally or recklessly damaging another person’s property, where the damage amount is moderate—usually between $500 and $1,500, depending on the state.

It may also apply if the act risks public safety or involves tampering with certain services (like utilities) but doesn’t rise to the level of first-degree mischief.

It’s often charged as a misdemeanor or lower-level felony, with potential penalties including:

• Up to 1–5 years in prison
• Fines
• Restitution to the victim

⚖️ Laws differ by state, so thresholds and penalties can vary.

What is criminal mischief 3rd degree?

Criminal Mischief in the Third Degree generally refers to intentionally or recklessly damaging another person’s property with a lower value of damage, often under $500, depending on the state. It can also involve acts like graffiti, minor vandalism, or tampering with property without causing major harm. This charge is typically classified as a misdemeanor and may result in fines, community service, probation , or short-term jail time. Specific definitions and penalties vary by state law.

Is Criminal Mischief a State Crime?

Yes, criminal mischief is typically a state-level crime, meaning each U.S. state has its own statutes and penalties. Federal charges might apply if the crime affects federal property or agencies, but that’s rare.

For instance:

• Spray-painting a USPS mailbox can become a federal offense
• Tampering with airport radar equipment can lead to federal terrorism-related charges

Learn More: Is Piracy a Felony? Laws, Punishments & Fines

Criminal Mischief Laws in All 50 U.S. States

Criminal mischief laws vary widely across states in terms of:

• Terminology (some states call it vandalism or malicious mischief)
• Monetary damage thresholds
• Classification (misdemeanor vs. felony)
• Associated penalties
• Statute of limitations

Here’s a state-by-state summary of how each defines and penalizes criminal mischief:

1. Alabama

• Code: Ala. Code § 13A-7-21 to § 13A-7-23
• Degrees: 1st (Felony), 2nd, 3rd (Misdemeanor)
• Felony Threshold: Damage > $2,500
• Max Penalty: Up to 10 years in prison (Class C felony)

2. Alaska

• Code: Alaska Stat. § 11.46.475
• Degrees: I through V
• Unique: Includes data alteration and service interference
• Felony Threshold: Damage > $750

3. Arizona

• Code: A.R.S. § 13-1602
• Term: Criminal Damage
• Felony Threshold: $1,000 or any damage to religious sites, utilities
• Note: Aggravated if committed in retaliation

4. Arkansas

• Code: Ark. Code § 5-38-203
• Degrees: First, Second
• Felony Threshold: $1,000+
• First Degree: Class C felony (5–10 years in prison)

5. California

• Code: Penal Code § 594
• Term: Vandalism
• Felony Threshold: $400+
• Mandatory: Community service + restitution

6. Colorado

• Code: C.R.S. § 18-4-501
• Term: Criminal Mischief
• Felony Threshold: $2,000+
• Max Penalty: Up to 12 years (Class 2 felony)

7. Connecticut

• Code: C.G.S. § 53a-115 to § 53a-117
• Degrees: 1st to 3rd
• Felony: Damage involving explosive or public utilities
• Misdemeanor: Minor property destruction

8. Delaware

• Code: 11 Del. C. § 811–812
• Felony: Damage to public services, religious property
• Misdemeanor: < $1,000 in property damage

9. Florida

• Code: F.S. § 806.13
• Degrees: 2nd-degree misdemeanor to 3rd-degree felony
• Felony: Damage over $1,000 or hate crime motives
• Special Note: Juvenile mischief carries unique penalties

10. Georgia

• Code: O.C.G.A § 16-7-21
• Felony Threshold: Damage > $500
• Defenses: Consent or lack of malicious intent

11. Hawaii

• Code: HRS § 708-820 to § 708-823
• Term: Criminal Property Damage
• Felony: Damage caused by fire or explosives

12. Idaho

• Code: Idaho Code § 18-7001
• Term: Malicious Injury to Property
• Felony: If damage > $1,000
• Restitution: Mandatory

13. Illinois

• Code: 720 ILCS 5/21-1
• Term: Criminal Damage to Property
• Felony: School, church, or public damage over $500

14. Indiana

• Code: Ind. Code § 35-43-1-2
• Term: Criminal Mischief
• Felony Threshold: $750+
• Enhancer: Interruption of public utility or traffic control

15. Iowa

• Code: Iowa Code § 716.1
• Degrees: 1st (Felony) to 5th (Misdemeanor)
• Value-Based: First-degree mischief if damage > $10,000

16. Kansas

• Code: K.S.A. § 21-5813
• Term: Criminal Damage to Property
• Felony Threshold: > $1,000 in damage
• Misdemeanor: < $1,000

17. Kentucky

• Code: KRS § 512.020–512.040
• Degrees: 1st (Felony) to 3rd (Misdemeanor)
• Felony: Damage > $1,000 or use of explosives

18. Louisiana

• Code: La. R.S. § 14:56
• Term: Criminal Damage to Property
• Aggravated Mischief: Interfering with property that endangers life

19. Maine

• Code: 17-A M.R.S. § 805
• Felony: Damage > $2,000 or caused risk to life
• Misdemeanor: Minor graffiti or destruction

20. Maryland

• Code: Md. Criminal Law § 6-301
• Felony: $1,000+ damage or multiple prior convictions
• Misdemeanor: Less serious property destruction

21. Massachusetts

• Code: Mass. Gen. Laws ch. 266 § 126A
• Felony: Property damage > $1,200
• Mandatory Restitution

22. Michigan

• Code: MCL § 750.377a
• Term: Malicious Destruction of Property
• Felony: > $1,000 damage
• Misdemeanor: < $200 damage

23. Minnesota

• Code: Minn. Stat. § 609.595
• Term: Damage to Property
• 1st Degree: Damage > $1,000 or to public safety devices

24. Mississippi

• Code: Miss. Code § 97-17-39
• Felony: Damage > $1,000 or interfering with public utilities
• Defenses: Mistaken ownership or consent

25. Missouri

• Code: Mo. Rev. Stat. § 569.100
• Degrees: 1st and 2nd
• Felony: Includes damage to utilities and emergency services

26. Montana

• Code: Mont. Code § 45-6-101
• Felony: $1,500+ damage
• Special Focus: Includes tampering with pipelines

27. Nebraska

• Code: Neb. Rev. Stat. § 28-519
• Name: Criminal Mischief
• Value-based: Tiered penalties by damage amount

28. Nevada

• Code: NRS § 206.310
• Felony: $5,000+ damage or repeat offense
• Mandatory Restitution

29. New Hampshire

• Code: RSA § 634:2
• Name: Criminal Mischief
• Felony: > $1,500 in damage or use of dangerous tools

30. New Jersey

• Code: N.J.S.A. § 2C:17-3
• Felony: Damage > $2,000 or endangering life
• Misdemeanor: < $500

31. New Mexico

• Code: NMSA § 30-15-1
• Felony: Damage > $1,000
• Focus: Public utilities and telecommunications

32. New York

• Code: Penal Law § 145.00 to § 145.12
• Degrees: 1st (Explosives), 2nd ($1,500+), 3rd ($250+), 4th (basic)
• Graffiti: Separate charge under §145.60

33. North Carolina

• Code: N.C. Gen. Stat. § 14-127
• Felony: Based on property type, e.g., public buildings
• Misdemeanor: Lower damage amount

34. North Dakota

• Code: N.D. Cent. Code § 12.1-21-05
• Felony: Risk to life or $2,000+ damage
• Restitution Required

35. Ohio

• Code: ORC § 2909.05
• Name: Vandalism
• Felony: $1,000+ or involving schools, churches, cemeteries

36. Oklahoma

• Code: 21 Okl. St. § 1760
• Felony: $2,500+
• Misdemeanor: Less than $1,000

37. Oregon

• Code: ORS § 164.365
• Degrees: Criminal Mischief I–III
• Felony: Interruption of service, damage > $1,000

38. Pennsylvania

• Code: 18 Pa. C.S. § 3304
• Felony: Over $5,000 or involving public services
• Misdemeanor: Lesser amounts or graffiti

39. Rhode Island

• Code: R.I. Gen. Laws § 11-44-1
• Felony: Damage > $1,000
• Misdemeanor: Vandalism and graffiti under $500

40. South Carolina

• Code: S.C. Code § 16-11-520
• Felony: Damage > $2,000
• Degrees: 1st–3rd

41. South Dakota

• Code: SDCL § 22-34-1
• Term: Intentional Damage to Property
• Felony: $1,000+ or repeat offense

42. Tennessee

• Code: Tenn. Code § 39-14-408
• Term: Vandalism
• Felony: Damage > $1,000
• Misdemeanor: Minor defacement

43. Texas

• Code: Texas Penal Code § 28.03
• Felony: $2,500+
• Degrees: Class C misdemeanor to 2nd-degree felony

44. Utah

• Code: Utah Code § 76-6-106
• Degrees: Based on value of damage
• Felony: $1,500 or more

45. Vermont

• Code: 13 V.S.A. § 3701
• Felony: Damage > $1,000
• Misdemeanor: Less severe property offenses

46. Virginia

• Code: Va. Code § 18.2-137
• Felony: $1,000+
• Misdemeanor: Less than $1,000 or graffiti

47. Washington

• Code: RCW § 9A.48.070
• Degrees: 1st–3rd
• Felony: Interferes with public services

48. West Virginia

• Code: W.Va. Code § 61-3-30
• Term: Destruction of Property
• Felony: $2,500+

49. Wisconsin

• Code: Wis. Stat. § 943.01
• Term: Criminal Damage to Property
• Felony: $2,500+ or repeat offenses

50. Wyoming

• Code: Wyo. Stat. § 6-3-201
• Felony: Damage > $1,000
• Misdemeanor: Lesser offenses

Legal Defenses for Criminal Mischief

There are 7 common defenses lawyers may use:

1. Lack of Intent – If the damage was accidental
2. Mistaken Identity – Defendant wasn’t present or misidentified
3. No Property Damage – Property wasn’t actually harmed
4. Ownership Rights – Defendant had permission or joint ownership
5. Consent – Owner allowed the action
6. Duress – Defendant was forced or threatened
7. Insufficient Evidence – Prosecution can’t prove all elements

Pro Tip: If you’re charged with criminal mischief, do not talk to police without a lawyer present—you might unknowingly admit guilt.

What’s the Legal Process After a Criminal Mischief Charge?

The standard criminal procedure includes:

1. Arrest or Citation
2. Booking & Bail
3. Initial Appearance or Arraignment
4. Pretrial Motions
5. Plea Bargaining or Trial
6. Sentencing
7. Appeals (if necessary)

First-time offenders may be eligible for diversion programs or community service in lieu of jail time.

Penalties for Criminal Mischief

Depending on the state and severity, penalties include:

Related Offenses to Criminal Mischief

• Vandalism
• Trespassing
• Arson
• Burglary
• Tampering with evidence
• Disorderly conduct

Final Thought

Criminal mischief may sound minor, but don’t let the name fool you—it can carry serious legal, financial, and personal consequences. Whether it’s a misdemeanor or a felony depends on the value of the property damage, the intent behind the act, and state-specific laws.

If you’re facing a charge, get legal help immediately. The right defense strategy can mean the difference between a fine and a felony.

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