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 New Jersey, criminal mischief is addressed under NJ Rev Stat § 2C:17-3 (2023). The statute defines criminal mischief as purposely or knowingly damaging tangible property of another, or recklessly or negligently damaging property in an employment or public service by use of fire, explosives, or other dangerous means. Criminal mischief also includes tampering with another person's property to endanger a person or property, and defacing or damaging property for the purpose of intimidation. The severity of the charges can range from a disorderly persons offense to a second-degree crime, depending on factors such as the extent of damage, the value of the property, whether the act caused a substantial interruption of public services, and if the property damaged was a grave, crypt, or mausoleum. For example, if the damage causes a loss of $2,000 or more, it is considered a third-degree crime. Penalties can include fines, restitution, and imprisonment. An attorney can provide specific guidance on how these laws may apply to a particular case.