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 Indiana, criminal mischief is addressed under Indiana Code Title 35. Criminal Law and Procedure, specifically in IC 35-43-1-2. This statute defines criminal mischief as knowingly or intentionally damaging someone else's property without their consent. This includes but is not limited to acts of vandalism, graffiti, and tampering with property. The severity of the charges can range from a Class B misdemeanor to a Level 6 felony, depending on factors such as the extent of the damage, the type of property affected, and whether the act caused a substantial interruption or impairment of public communication, transportation, supply of water, gas or power, or other public services. For example, if the damage is less than $750, it is typically a Class B misdemeanor, but if the damage is between $750 and $50,000, or if it causes a substantial interruption of a service, it can be charged as a Level 6 felony. If the damage is over $50,000, the offense may be elevated to a Level 5 felony. Additionally, if the mischief is committed on a school property or a place of religious worship, the offense may also be treated more severely.