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 Oregon, criminal mischief is addressed under ORS 164.345 to 164.365, which categorizes the offense into three degrees based on the severity of the damage and the circumstances of the crime. Criminal Mischief in the First Degree (ORS 164.365) is the most serious, involving damage exceeding $1,000, or intentional damage to property with the intent to cause substantial inconvenience to others, or if the act creates a risk of physical injury to another person. Criminal Mischief in the Second Degree (ORS 164.354) involves damage that is more than $500 but less than $1,000, or if the act causes a significant inconvenience to others. Criminal Mischief in the Third Degree (ORS 164.345) applies to damage under $500 and is the least serious offense. These charges can arise from damage to homes, businesses, vehicles, schools, and public or private property, including graffiti and tampering with utilities. The intent behind the act is a crucial factor, and the charges can range from a Class C felony for first-degree criminal mischief to a Class C misdemeanor for third-degree criminal mischief.