Criminal Mischief
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Mischief (or malicious mischief) is the name for a class of criminal offenses that are defined differently in different legal jurisdictions. While the wrongful acts will often involve what is popularly described as
vandalism Vandalism is the action involving deliberate destruction of or damage to public or private property. The term includes property damage, such as graffiti and defacement directed towards any property without permission of the owner. The t ...
, there can be a legal differentiation between vandalism and mischief. The
etymology Etymology ( ) is the study of the origin and evolution of words—including their constituent units of sound and meaning—across time. In the 21st century a subfield within linguistics, etymology has become a more rigorously scientific study. ...
of the word comes from
Old French Old French (, , ; ) was the language spoken in most of the northern half of France approximately between the late 8th

Canada

The country's
Criminal Code A criminal code or penal code is a document that compiles all, or a significant amount of, a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...
makes :wikibooks:Canadian Criminal Law/Offences/Mischief">mischief a
hybrid offence A hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or on indi ...
, punishable by up to and including
life imprisonment Life imprisonment is any sentence (law), sentence of imprisonment under which the convicted individual is to remain incarcerated for the rest of their natural life (or until pardoned or commuted to a fixed term). Crimes that result in life impr ...
if the mischief causes actual danger to human life. Public mischief is the term for the crime of wasting police time.


Scotland

Malicious mischief is an offence against the
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
of
Scotland Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...
. It does not require actual damage to property for the offence to be committed; financial damage consequential to the act is sufficient. It has now largely been replaced by vandalism, a statutory offense with the same definition. Vandalism is defined by section 52 of the Criminal Law (Consolidation) (Scotland) Act 1995.


United States

In
United States criminal law The criminal law of the United States is a manifold system of laws and practices that connects crimes and consequences. In comparison, civil law addresses non-criminal disputes. The system varies considerably by jurisdiction, but conforms to the ...
, mischief is an offense against
property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, re ...
that typically involves the intentional or reckless infliction of damage, defacement, alteration, or
destruction Destruction may refer to: Concepts * Destruktion, a term from the philosophy of Martin Heidegger * Destructive narcissism, a pathological form of narcissism * Self-destructive behaviour, a widely used phrase that ''conceptualises'' certain kin ...
of
property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, re ...
. Common forms include
vandalism Vandalism is the action involving deliberate destruction of or damage to public or private property. The term includes property damage, such as graffiti and defacement directed towards any property without permission of the owner. The t ...
and
graffiti Graffiti (singular ''graffiti'', or ''graffito'' only in graffiti archeology) is writing or drawings made on a wall or other surface, usually without permission and within public view. Graffiti ranges from simple written "monikers" to elabor ...
. Governed by
state law State law refers to the law of a federated state, as distinguished from the law of the federation of which it is a part. It is used when the constituent components of a federation are themselves called states. Federations made up of provinces, cant ...
, criminal mischief is committed when a perpetrator, having no right to do so nor any reasonable ground to believe that he/she has such a right, intentionally or recklessly
damages At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognized at ...
property of another person, intentionally participates in the
destruction Destruction may refer to: Concepts * Destruktion, a term from the philosophy of Martin Heidegger * Destructive narcissism, a pathological form of narcissism * Self-destructive behaviour, a widely used phrase that ''conceptualises'' certain kin ...
of property of another person, or participates in the reckless damage or destruction of property of another person.


See also

* Criminal damage in English law *
Property damage Property damage (sometimes called damage to property) is the damage or destruction of real or tangible personal property, caused by negligence, willful destruction, or an act of nature. Destruction of property (sometimes called property de ...


References


External links

* Legal terminology Vandalism {{Crime-stub