Criminal mischief is generally the damage, destruction, defacing, or alteration of tangible property (vandalism), done with criminal intent (intentionally or knowingly). Criminal mischief charges often arise from (1) damage to a home or dwelling; (2) damage to a place of business; (3) damage to a motor vehicle; (4) damage to a school; (5) defacement or destruction of public or private property (graffiti, etc.); or (6) tampering with public water, gas, power, or communications.
Criminal mischief laws are generally located in a state’s statutes—usually in the penal or criminal code.
In Alabama, criminal mischief is addressed under the Alabama Criminal Code in Title 13A, specifically in Chapter 7 which deals with offenses involving damage to and intrusion upon property. Criminal mischief in Alabama is classified into three degrees. First-degree criminal mischief (Section 13A-7-21) involves damage to property exceeding $2,500 and is considered a Class C felony. Second-degree criminal mischief (Section 13A-7-22) involves damage between $500 and $2,500 and is a Class A misdemeanor. Third-degree criminal mischief (Section 13A-7-23) involves damage of $500 or less and is a Class B misdemeanor. The charges can arise from various acts such as vandalism to homes, businesses, vehicles, schools, and public or private property, including graffiti or tampering with utilities. The intent to damage or deface property is a key element, and the penalties can range from fines to imprisonment, depending on the degree of the offense and the value of the property damage.