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 Delaware, criminal mischief is addressed under Title 11 of the Delaware Code, specifically in Chapter 5, which covers specific offenses against property. The law defines criminal mischief as intentionally or recklessly damaging, destroying, defacing, or tampering with any property belonging to someone else. The severity of the charges can range from a violation to a felony, depending on factors such as the extent of damage and the cost of the property damaged. For example, causing damage that results in a monetary loss of $1,000 or more can elevate the offense to a felony. Criminal mischief can include acts such as vandalism to homes, businesses, vehicles, schools, and public or private property, as well as tampering with utilities. Penalties for criminal mischief in Delaware may include fines, restitution, and imprisonment, with the severity of the penalty corresponding to the severity of the offense.