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 Colorado, criminal mischief is addressed under Colorado Revised Statutes Title 18 Criminal Code, Section 18-4-501. The law defines criminal mischief as knowingly damaging the real or personal property of one or more other persons, including property owned by the person jointly with another. The severity of the charges and penalties for criminal mischief in Colorado depends on the value of the damage caused. It can range from a petty offense for damage under $300, to a class 6 felony for damage of $5,000 or more. Charges can escalate to a class 3 felony if the damage is $100,000 or more. Criminal mischief can encompass various acts, such as vandalism, graffiti, or tampering with utilities, and can apply to damage to homes, businesses, vehicles, schools, and both public and private property. Restitution to the property owner is typically required as part of the sentencing. It's important for individuals facing such charges to consult with an attorney to understand the specific implications of the charges they are facing.