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 Dakota, criminal mischief is addressed under the state's penal code, specifically under the category of 'Vandalism.' According to South Dakota Codified Laws (SDCL), criminal mischief may be prosecuted when an individual intentionally damages, defaces, alters, or destroys someone else's property. The severity of the charges can vary based on the extent of the damage and the value of the property affected. For instance, if the damage is relatively minor, the offense might be treated as a misdemeanor. However, if the damage is significant or the property is of substantial value, felony charges could be applicable. This includes damage to homes, businesses, vehicles, schools, and public or private property. Additionally, tampering with essential public services such as water, gas, power, or communications systems is also considered a serious offense and can lead to severe penalties. The intent behind the act is a crucial factor in determining the level of criminal liability. Penalties for criminal mischief in South Dakota can range from fines and restitution to imprisonment, depending on the circumstances and the degree of the offense.