The court held that in this instance the intent to cause damage could be inferred from the action itself-namely, applying paint to the building, which a janitor subsequently had to remove.įinally, criminal mischief in the fourth degree has two less common, but no less important, provisions. For instance, a man painted graffiti onto a courthouse and was charged with fourth-degree criminal mischief for doing so. In addition to the provision for reckless damage, a person can be charged for intentionally causing damage to property worth under $250. In this case, even though he didn’t damage the phone personally, he should have been aware of the risk of throwing the phone into traffic and thus he recklessly caused the damage. For example, a man was charged for throwing a woman’s cell phone out a bus window into traffic.

The higher charge applied to intentionally damaging property worth more than $250, but fourth-degree criminal mischief applied to that monetary value only if the damage is inflicted recklessly. How Can a Person Get Charged with Criminal Mischief in the Fourth Degree?įourth-degree criminal mischief has provisions for both intentional and reckless damage to property, and these distinguish it from criminal mischief in the third degree. To be charged, a person need not intend to cause damage, but they must not have reason to believe that they have any right to the property in question. There are a number of forms of this charge, but essentially, it applies in cases where a person causes relatively low-value damage to another’s property. Damaging Another Person’s Property What Is Criminal Mischief in the Fourth Degree?įourth-degree criminal mischief is the lowest and most inclusive tier of the criminal mischief charges.

Malicious mischief 3 penalty