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 Ohio, criminal mischief is addressed under Ohio Revised Code Section 2909.07. It is an offense that involves knowingly causing, or creating a substantial risk of physical harm to someone else's property without their consent. This can include any act of vandalism, such as graffiti, tampering with fire hydrants, utility services, or knowingly moving, defacing, damaging, or destroying property. The severity of the charges can range from a minor misdemeanor to a felony, depending on factors such as the extent of the damage, the type of property affected, and whether the act caused a substantial interruption or impairment of public services. For example, if the mischief causes a significant economic loss or a high degree of inconvenience to others, it may result in more serious charges. Penalties can include fines, restitution, and incarceration. Specific circumstances, such as prior offenses, can also influence the severity of the punishment.
