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 Mississippi, criminal mischief is addressed under the Mississippi Code, specifically in the sections dealing with malicious mischief. According to Mississippi Code Section 97-17-67, malicious mischief includes willfully or maliciously causing damage to any real or personal property belonging to another, which would encompass acts of vandalism such as defacing, destroying, or altering property. The severity of the charges and the penalties imposed can vary based on the value of the property damaged and whether the offense is a first or subsequent one. For instance, if the value of the damaged property is less than $1,000, it is generally considered a misdemeanor, punishable by a fine and/or imprisonment in the county jail. If the value exceeds $1,000, the offense is typically classified as a felony, which carries stiffer penalties, including longer imprisonment and higher fines. Additionally, Mississippi law provides specific provisions for certain types of property, such as places of worship, schools, and public utilities, which may result in enhanced penalties when damaged.