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 Florida, criminal mischief is addressed under Florida Statute 806.13, where it is defined as the willful and malicious injury or damage to any real or personal property belonging to another person. The severity of the charges and penalties for criminal mischief in Florida depend on the extent of the damage. If the damage is $200 or less, it is considered a second-degree misdemeanor; if the damage is more than $200 but less than $1,000, it is a first-degree misdemeanor; and if the damage is $1,000 or more, it becomes a third-degree felony. Additionally, if the act results in an interruption or impairment of a business operation or public communication, transportation, water, gas, or power supply, or if there is any damage to a church, synagogue, mosque, or other place of worship, or if the property damaged is a sexually violent predator detention or commitment facility, the offense can be charged as a third-degree felony, regardless of the damage cost. Penalties can include fines, restitution, and incarceration. Graffiti-related offenses carry additional mandatory fines and may require the defendant to perform community service that includes the removal of graffiti.