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 California, criminal mischief is commonly referred to as vandalism under the state's penal code. Vandalism is defined as maliciously damaging, destroying, defacing, or altering someone else's property. California Penal Code sections 594 through 625c address these offenses, which can be charged as either a misdemeanor or a felony depending on the extent of the damage and the defendant's criminal history. The severity of the charge typically correlates with the value of the property damage: if the damage is $400 or more, the offense may be charged as a felony, potentially leading to more severe penalties. Vandalism charges can cover a range of activities, including but not limited to damage to homes, businesses, vehicles, schools, and public or private property, as well as tampering with essential public services like water or power. Penalties for vandalism can include fines, imprisonment, community service, and restitution to the victim for repair or replacement of the damaged property.