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 Montana (MT), criminal mischief is addressed under the Montana Code Annotated (MCA) 45-6-101. The law defines criminal mischief as knowingly or purposely injuring, damaging, or destroying the property of another, which can include any of the scenarios described such as damage to homes, businesses, vehicles, schools, and public or private property. The severity of the charges can range from a misdemeanor to a felony, depending on factors such as the extent of the damage and the value of the property affected. For instance, if the damage is less than $1,500, it is typically treated as a misdemeanor, while damage exceeding that amount may be charged as a felony. Additionally, tampering with public utilities is also considered a serious offense under Montana law, and it is addressed specifically under MCA 45-6-103, which prohibits tampering with public service facilities, potentially leading to felony charges depending on the circumstances and the intent behind the act.