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 South Carolina, criminal mischief is addressed under the terms such as vandalism, malicious injury to property, or damage to real or personal property. The state statutes, particularly in the South Carolina Code of Laws, outline the legal framework for these offenses. The severity of the charges can range from misdemeanors to felonies, depending on factors such as the extent of the damage, the type of property affected, and the intent of the perpetrator. For example, willfully and maliciously damaging a dwelling, place of business, motor vehicle, school, or any other property can lead to criminal charges. The act of defacement, such as graffiti, is also considered a form of criminal mischief and is punishable under these laws. Additionally, tampering with public utilities like water, gas, power, or communications systems is a serious offense that can lead to severe legal consequences. Penalties for criminal mischief in South Carolina may include fines, restitution, community service, probation, and imprisonment, depending on the specifics of the crime and the value of the property damage.