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 North Carolina, criminal mischief is addressed under the state's criminal statutes, particularly those related to property crimes. The state categorizes such offenses based on the extent of damage and the type of property affected. For instance, damage to real property or personal property can be prosecuted under vandalism or willful and wanton injury to property. Graffiti is specifically addressed under its own statute, which makes it illegal to spray paint, draw, or write on property without consent. The severity of the charges can range from misdemeanors to felonies, depending on factors such as the value of the property damaged and whether the act was committed with the intent to intimidate or hinder public services. For example, tampering with utilities could lead to more serious charges due to the potential for widespread impact. Penalties for criminal mischief in North Carolina may include fines, restitution, community service, probation, and imprisonment.