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 Washington State, criminal mischief is addressed under the terms 'malicious mischief' and is codified in the Revised Code of Washington (RCW) under Title 9A.48. Specifically, malicious mischief in the first degree (RCW 9A.48.070) involves knowingly and maliciously causing physical damage to the property of another which is valued at $5,000 or more, or causing an interruption or impairment of a service rendered to the public by physically damaging property. Malicious mischief in the second degree (RCW 9A.48.080) covers damages exceeding $750 but less than $5,000, or creating a substantial risk of interruption or impairment of a service. Malicious mischief in the third degree (RCW 9A.48.090) applies to damages under $750. The law also includes provisions for graffiti (RCW 9A.48.105), which is considered a form of malicious mischief. Penalties for these offenses can range from gross misdemeanors to class B felonies, depending on the degree of the offense and the value of the property damage. Additionally, tampering with public utilities may fall under other specific statutes and can carry severe penalties due to the potential impact on public safety and services.