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 Nebraska, criminal mischief is addressed under Nebraska Revised Statute 28-519. The law defines criminal mischief as intentionally or knowingly damaging, destroying, defacing, or tampering with someone else's property. The severity of the charges can range from a Class III misdemeanor for damages under $500, to a Class IV felony for damages exceeding $5,000. Charges can also vary based on the type of property affected and the circumstances of the offense. For example, if the property damaged is a motor vehicle, a place of business, a school, or if the act involves tampering with public utilities, the penalties may be more severe. Additionally, if the act is considered a hate crime, this could enhance the penalties. It is important for individuals facing such charges to consult with an attorney to understand the specific implications of the charges they are facing and to receive legal representation.