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 Wisconsin, criminal mischief is typically addressed under the statutes related to criminal damage to property. Wisconsin Statute § 943.01 prohibits the intentional damage, defacement, alteration, or destruction of any physical property of another without the person's consent. This can include damage to a home, business, motor vehicle, school, or any other private or public property. The severity of the charges can range from a Class A misdemeanor to a Class H felony, depending on factors such as the extent of the damage, the value of the property affected, and whether the act endangered public safety (e.g., tampering with public utilities). Graffiti is specifically addressed under § 943.017, which makes it a Class A misdemeanor to intentionally mark, draw, or write on the property of another without consent. Enhanced penalties may apply if the graffiti is hate-based. It's important to note that the intent behind the action plays a crucial role in determining the level of offense and the potential penalties involved.