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 Michigan, criminal mischief is addressed under various statutes related to the destruction of property, which can be found in the Michigan Penal Code. These laws cover the willful and malicious destruction, damage, defacement, or alteration of property, including homes, businesses, vehicles, schools, and both public and private property. The severity of the charges can range from misdemeanors to felonies, depending on factors such as the extent of the damage, the type of property affected, and the intent of the perpetrator. For example, Michigan Compiled Laws section 750.377a specifically addresses the willful and malicious destruction of property, and penalties can vary based on the value of the damaged property. Additionally, Michigan law also criminalizes the malicious destruction of utility property, such as tampering with public water, gas, power, or communications systems, under section 750.382. The intent to commit the act is a critical element, and the charges are typically more severe if the act is done intentionally or knowingly, as opposed to accidentally.