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 York State, criminal mischief is addressed under Article 145 of the New York State Penal Law. The law categorizes criminal mischief into four degrees, with the first degree being the most serious. Criminal mischief in the fourth degree (Section 145.00) is a class A misdemeanor and involves intentionally damaging another person's property. The third degree (Section 145.05) is a class E felony and includes damage exceeding $250. The second degree (Section 145.10) is a class D felony, involving property damage exceeding $1,500 or with certain aggravating factors. The first degree (Section 145.12) is a class B felony and typically involves the use of an explosive. Charges can escalate based on the value of the property damaged, the use of dangerous instruments, or if the act endangers public safety, such as tampering with utilities. Graffiti is specifically addressed under Section 145.60, known as 'Making Graffiti,' and is a class A misdemeanor. New York law takes criminal mischief seriously, and penalties can range from fines and community service to significant prison time for more severe offenses.