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 Arkansas, criminal mischief is addressed under Arkansas Code Annotated § 5-38-203. The law defines criminal mischief as the intentional or knowing damage, destruction, defacement, or alteration of someone else's property without their consent. This includes acts such as vandalism, graffiti, and tampering with utilities. The severity of the charges can range from a Class C misdemeanor for minor damage to a Class B felony for damage resulting in substantial losses or if the act endangers human life. The penalties can include fines, restitution, and imprisonment, and are typically determined by the extent of the damage and the cost of the property affected. For example, if the property damage is less than $500, it is considered a misdemeanor, but if the damage exceeds $25,000, it is treated as a felony. Additionally, criminal mischief that involves tampering with public utilities may carry more severe penalties due to the potential impact on public safety and services.