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 Pennsylvania, criminal mischief is defined under Title 18, Section 3304 of the Pennsylvania Consolidated Statutes. The law considers it a crime to intentionally or recklessly damage, deface, tamper with, or destroy property of another. This can include acts such as vandalism, graffiti, and tampering with utilities. The severity of the charges and the penalties imposed can vary based on the extent of the damage and the cost to repair or replace the property. For instance, if the damage caused is less than $150, it is considered a summary offense. However, the charges can escalate to a misdemeanor or even a felony if the damage is significant, especially if it exceeds $5,000 or if the act causes a substantial interruption or impairment of public communication, transportation, supply of water, gas, or power, or other public services. Criminal mischief that targets a place of worship or an agricultural facility may also result in more severe charges. Restitution to the victim for the damage caused is commonly required as part of the sentencing.