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 Maine, criminal mischief is addressed under Title 17-A, Chapter 39 of the Maine Criminal Code. The law defines criminal mischief as intentionally or knowingly damaging or destroying the property of another, tampering with the property to endanger someone or to cause substantial inconvenience, or creating a substantial risk of damage to the property. Charges can vary based on the extent of the damage and the type of property affected. For example, damage to a home, business, motor vehicle, or school, as well as defacement of public or private property, can all fall under criminal mischief. The severity of the charge can range from a Class D or Class E misdemeanor for minor damage to a Class C felony for more significant damage, especially if the conduct creates a risk of bodily injury or affects public utilities. The specific penalties and classifications will depend on the circumstances of the offense, including the amount of damage and whether the act was a repeat offense.