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 Minnesota, criminal mischief, which is often referred to as vandalism, is addressed under the state's criminal damage to property laws. These laws are found in Minnesota Statutes, specifically under sections 609.595 and 609.594 for damage to property and motor vehicle tampering, respectively. The statutes define criminal mischief as intentionally causing damage to the physical property of another without the owner's consent. The severity of the charges can range from a misdemeanor to a felony, depending on factors such as the extent of the damage, the value of the property damaged, and whether the act was committed because of bias. For example, damage to property that results in a monetary loss of less than $500 is typically considered a misdemeanor, while damage causing a loss of more than $500 can be charged as a felony. Additionally, Minnesota law specifically addresses the tampering with public utilities and services, which can also lead to criminal charges. The intent behind the act, whether it was done knowingly or with intent to damage, is a critical element in determining the level of offense and the potential penalties.