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 Idaho, criminal mischief is addressed under Idaho Code § 18-7001. The law defines criminal mischief as willfully damaging, destroying, or tampering with someone else's property without their consent. This includes acts such as vandalism, graffiti, and other forms of property defacement. The severity of the charges can vary based on the extent of the damage and the value of the property affected. For example, if the damage is valued at less than $1,000, it is considered a misdemeanor. However, if the damage exceeds $1,000, the offense can be charged as a felony, potentially leading to more severe penalties. Additionally, Idaho law specifically addresses the tampering with public utilities and services, which can also be prosecuted under the criminal mischief statutes. Penalties for criminal mischief in Idaho may include fines, imprisonment, restitution, and community service, depending on the circumstances and the degree of the offense.