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 Iowa, criminal mischief is codified under Iowa Code Chapter 716, which defines and penalizes the damage, destruction, defacement, or alteration of property. The severity of the charge and the associated penalties depend on the extent of the damage and the value of the property affected. Criminal mischief in the first degree (Iowa Code § 716.3) involves property damage exceeding $10,000 and is classified as a Class 'C' felony. Second-degree criminal mischief (Iowa Code § 716.4) involves damage between $1,000 and $10,000 and is a Class 'D' felony. Third-degree criminal mischief (Iowa Code § 716.5) involves damage between $500 and $1,000 and is an aggravated misdemeanor. Fourth-degree criminal mischief (Iowa Code § 716.6) involves damage between $200 and $500 and is a serious misdemeanor. Finally, fifth-degree criminal mischief (Iowa Code § 716.7) involves damage of $200 or less and is a simple misdemeanor. Charges can escalate if the act endangers life, targets certain protected properties like schools or places of worship, or if it involves repeat offenses. Additionally, tampering with infrastructure such as public utilities may lead to specific and more severe charges under different statutes.