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 Georgia, criminal mischief is addressed under the state's criminal damage and vandalism laws. Georgia law, specifically under O.C.G.A. § 16-7-22 and § 16-7-23, defines criminal damage to property in two degrees. First-degree criminal damage involves knowingly and without authority interfering with any property in a manner so as to endanger human life, or knowingly and without authority and by force or violence interfering with the operation of public utility services. Second-degree criminal damage involves intentionally damaging any property of another without consent and the damage thereby caused exceeds $500.00, or recklessly or intentionally, by means of fire or explosive, damaging property of another. Vandalism, which can include graffiti and other forms of defacement, is also prohibited and can be prosecuted under these statutes. Penalties for criminal mischief in Georgia can range from misdemeanors to felonies, depending on the severity of the damage and the circumstances of the offense.