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 Hawaii, criminal mischief is addressed under the Hawaii Revised Statutes, specifically within the penal code. The statutes categorize various acts of property damage under different degrees of offenses, often based on the value of the damage caused or the type of property affected. For instance, criminal property damage can range from first degree (the most serious, involving dangers to human life or property damage during an emergency) to fourth degree (the least serious, often involving graffiti or other minor damages). Criminal mischief that results in damage to a home, business, motor vehicle, or school, or involves defacement or destruction of property, can lead to charges that vary in severity. Additionally, tampering with public utilities is also a criminal offense under Hawaii law. The intent behind the act, whether intentional or knowing, is a key factor in determining the level of the charge. Penalties for criminal mischief in Hawaii can include fines, restitution, and imprisonment, depending on the degree of the offense.