What is Malicious Mischief?

Malicious mischief is the act of intentionally destroying the personal property of another person due to resentment or ill will towards the owner. It is different from the usual damaging of private property since most cases are accidental or done at random. Malicious mischief includes the intent or plan of causing destruction to the property as a means of revenge, threat or blackmail to the owner. It is a criminal offense and classes are indicated depending on severity and intent.


Malicious mischief will be charged to any individual who will with malicious or mischievous intent destroy, disfigure or injure or cause to be destroyed, disfigured or injured, any property of another individual, either real or personal.

How Is It A Crime?

First degree malicious mischief is a Class B felony. An individual is guilty of the act if he with full knowledge causes damage to property valuing more than $1,500, interferes with repair or damaging public property such as an emergency vehicle or property of the state, a political subdivision thereof, or a public utility or mode of public transportation, power, or communication or causes an impairment in the operation of the property.

Second degree malicious mischief is a Class C felony. An individual is guilty of the act if he with full knowledge causes damage to property valuing more than $250 or interferes substantially with repair or damaging public property such as an emergency vehicle or property of the state, a political subdivision thereof, or a public utility or mode of public transportation, power, or communication.

Third degree malicious mischief is a gross misdemeanor. An individual is guilty of the act if he with full knowledge causes damage to property valuing less than $250 or draws, paints or inscribes on private or public property.

Penalizing Malicious Mischief

If the value of the property destroyed, disfigured or injured is $500 or less in value, the offense will be a misdemeanor punishable by a fine of not more than $1,000 or imprisonment not exceeding twelve months. If the value of the property destroyed, disfigured or injured is in excess of $500, the offense will be a felony punishable by a fine of not more than $10,000 or imprisonment not exceeding five years or both.

In all cases, restitution to the victim for all damages will be ordered. The value of property destroyed, disfigured or injured by the same individual as part of a common crime against multiple victims may be aggregated together and if the value exceeds $1,000 will be a felony. The value will be equal to the cost of repair or replacement of the property destroyed.

Any other individual, who by any word, deed or act directly or indirectly urges, aids, abets, suggests or otherwise instills in the mind of another the will to so act will be considered a principal in the commission of said crime and will be punished in the same manner.

Malicious mischief of any degree is punishable in fines, imprisonment or both. Fines vary depending on the damages incurred to the property. Imprisonment period ranges from twenty four hours to ten years depending on intent and accumulation of criminal offenses.

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