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 Tennessee, criminal mischief is primarily addressed under the state's vandalism laws. According to Tennessee Code Annotated (T.C.A.) § 39-14-408, vandalism is the knowing or malicious act of causing damage to any real or personal property of another without the owner's consent. This includes acts such as graffiti, tampering with property, and other forms of defacement or destruction. The severity of the charges and the penalties imposed can vary based on the value of the property damage. For example, if the damage is $500 or less, it is classified as a Class A misdemeanor, while damage valued at more than $500 but less than $1,000 is a Class E felony. The penalties increase with the value of the damage, with the most severe cases involving property damage over $250,000 being classified as a Class A felony. Additionally, specific acts like tampering with utility services may fall under different statutes and can carry their own set of penalties.