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 Kentucky, criminal mischief is addressed under Kentucky Revised Statutes (KRS) Chapter 512. The law categorizes criminal mischief into different degrees based on the severity of the damage and the circumstances of the offense. First-degree criminal mischief (KRS 512.020) involves intentionally or wantonly defacing, destroying, or damaging any property causing financial loss of $1,000 or more, or by causing such damage to property with the intent to cause substantial interruption or impairment of a service rendered to the public (such as tampering with utilities). Second-degree criminal mischief (KRS 512.030) applies when the damage is between $500 and $1,000, and third-degree criminal mischief (KRS 512.040) applies when the damage is less than $500. The penalties for criminal mischief range from a Class A misdemeanor for third-degree offenses to a Class D felony for first-degree offenses. Charges can arise from damage to homes, businesses, vehicles, schools, and public or private property, including graffiti and vandalism.