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 New Mexico, criminal mischief is addressed under the state's statutes concerning criminal damage to property. The law categorizes criminal mischief as a form of property damage and can include acts such as vandalism, graffiti, and other forms of defacement or destruction of property. The severity of the 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 may result in different levels of charges. Additionally, tampering with public utilities like water, gas, power, or communications systems is also considered a serious offense. The intent behind the act—whether it was done 'intentionally' or 'knowingly'—is a critical factor in determining the level of criminal liability. Penalties for criminal mischief in New Mexico can range from petty misdemeanors to more serious felony charges, depending on the value of the damaged property and the circumstances of the offense.