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 Massachusetts, criminal mischief is addressed under the Massachusetts General Laws, particularly in the context of vandalism and willful and malicious destruction of property. The law considers it a crime to willfully, intentionally, or knowingly damage, deface, or destroy another person's property. Penalties for such offenses can vary depending on the extent of the damage and the value of the property affected. For instance, if the property damage exceeds $250, it can be considered a felony, potentially leading to more severe penalties, including imprisonment and fines. Lesser damages typically result in misdemeanor charges. Specific acts such as tagging or graffiti are also addressed under the vandalism statutes. Additionally, tampering with essential public services like water, gas, power, or communications is treated seriously and can lead to significant legal consequences. It's important to note that the intent behind the action plays a crucial role in determining the severity of the charges and penalties in Massachusetts.