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 North Dakota, criminal mischief is addressed under the North Dakota Century Code (NDCC) Section 12.1-21-05. The law defines criminal mischief as willfully tampering with, injuring, or damaging any property of another or public property without the owner's consent. This includes acts such as vandalism, graffiti, and other forms of property defacement or destruction. The severity of the charges can range from a Class B misdemeanor for damages less than $2,000, to a Class A felony for damages exceeding $10,000 or if the act causes a substantial interruption or impairment of public communication, transportation, supply of water, gas, power, or other public services. Criminal mischief charges can be elevated based on the value of the property damaged, the impact on public services, or if the act was committed with the intent to intimidate or harass another person or group.