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 Illinois, criminal mischief is addressed under the Illinois Criminal Code of 2012, specifically within the provisions related to criminal damage and trespass to property. The state categorizes such offenses based on the extent of damage and the type of property affected. For example, criminal damage to property becomes a more serious offense if the damage is to a school, place of worship, or farm equipment, or if the damage exceeds a certain monetary amount. Graffiti is specifically addressed as a separate offense, and penalties can vary based on whether it is a first offense or a subsequent offense. Tampering with public utilities may fall under different statutes, such as 'Interference with Public Utility Property.' The intent to damage and the actual damage caused are key elements of these offenses. Penalties can range from fines and restitution to imprisonment, depending on the severity of the damage and the value of the property involved. It is important for individuals facing such charges to consult with an attorney to understand the specific charges and potential defenses available to them under Illinois law.