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 Alaska, criminal mischief is addressed under Alaska Statutes Title 11. Criminal Law, specifically in Chapter 46, which pertains to offenses against property. The statutes define various degrees of criminal mischief based on the extent of damage and the circumstances under which the act is committed. Criminal mischief in the first degree (AS 11.46.480) involves intentionally causing property damage that creates a substantial risk of harm to human life or property damage exceeding $25,000. Lesser degrees of criminal mischief involve lower thresholds of property damage, with the fourth degree (AS 11.46.484) covering acts that cause damage with a value of $500 or less. Charges can vary based on the type of property affected, such as a home, business, vehicle, or school, and whether the act involves public utilities or communications. The intent behind the act, whether intentional or knowing, is a key factor in determining the level of the offense. Penalties for criminal mischief can range from fines and restitution to imprisonment, depending on the severity of the offense.