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 Arizona, criminal mischief is addressed under the state's criminal damage statutes, which can be found in Title 13 of the Arizona Revised Statutes. Criminal damage, as defined by ARS 13-1602, includes recklessly defacing, damaging, tampering with, or damaging the property of another person. The severity of the charges can range from a class 2 misdemeanor to a class 4 felony, depending on factors such as the extent of the damage and whether the property damaged is a utility or a place of worship. For example, damage to property that is less than $250 in value is typically a class 2 misdemeanor, while damage that exceeds $10,000 or involves a utility or a place of worship can be charged as a class 4 felony. Additionally, ARS 13-1604 specifically addresses criminal damage to utility property, which can be charged as a class 4 felony regardless of the damage amount. Graffiti-related offenses are also covered under these statutes and can lead to charges based on the cost of the damage and the nature of the property defaced.