Criminal Mischief is a legal term that simply refers to damaging the property of another. If you have been accused of Criminal Mischief, please call me for a free consultation. I have practiced criminal defense my entire career, teach criminal law at the IU School of Law, and have personally handled thousands of cases. Additional information about my office is available on the home page and the in the news page.
IC § 35-43-1-2. Criminal Mischief — Institutional Criminal Mischief.
(a) A person who recklessly, knowingly, or intentionally damages or defaces property of another person without the other person’s consent commits criminal mischief, a Class B misdemeanor. However, the offense is:
(1) a Class A misdemeanor if the pecuniary loss is at least seven hundred fifty dollars ($750) but less than fifty thousand dollars ($50,000); and
(2) a Level 6 felony if:
(A) the pecuniary loss is at least fifty thousand dollars ($50,000);
(B) the damage causes a substantial interruption or impairment of utility service rendered to the public;
(C) the damage is to a public record; or
(D) the damage is to a law enforcement animal (as defined in IC 35-46-3-4.5).
(b) A person who recklessly, knowingly, or intentionally damages:
(1) a structure used for religious worship;
(2) a school or community center;
(3) the property of an agricultural operation (as defined in IC 32-30-6-1);
(4) the grounds:
(A) adjacent to; and
(B) owned or rented in common with;
a structure or facility identified in subdivisions (1) through (3); or
(5) personal property contained in a structure or located at a facility identified in subdivisions (1) through (3);
without the consent of the owner, possessor, or occupant of the property that is damaged, commits institutional criminal mischief, a Class A misdemeanor. However, the offense is a Level 6 felony if the pecuniary loss (or property damage, in the case of an agricultural operation) is at least seven hundred fifty dollars ($750) but less than fifty thousand dollars ($50,000), and a Level 5 felony if the pecuniary loss (or property damage, in the case of an agricultural operation) is at least fifty thousand dollars ($50,000).
(c) If a person is convicted of an offense under this section that involves the use of graffiti, the court may, in addition to any other penalty, order that the person’s operator’s license be suspended or invalidated by the bureau of motor vehicles for not more than one (1) year.
(d) The court may rescind an order for suspension or invalidation under subsection (c) and allow the person to receive a license or permit before the period of suspension or invalidation ends if the court determines that the person has removed or painted over the graffiti or has made other suitable restitution.
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