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 Nevada, criminal mischief is addressed under Nevada Revised Statutes (NRS) 206.310 to 206.330, which cover the willful and malicious destruction of property. The severity of the charges and the penalties depend on the value of the damage caused. If the damage is less than $250, it is considered a misdemeanor. Damage between $250 and $5,000 can be charged as a gross misdemeanor or a category E felony, depending on the circumstances. Damage of $5,000 or more is treated more severely, with potential charges ranging from a category C to a category B felony, which can carry substantial fines and prison time. Specific acts such as graffiti are also addressed under these statutes, and separate provisions exist for tampering with public utilities. The intent to damage or destroy property is a key element of criminal mischief, and the charges can apply to homes, businesses, vehicles, schools, and both public and private property.