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Property Crimes: Criminal Mischief


Criminal Mischief: Property Crimes

Criminal Mischief Attorneys

Legal Definition:

Criminal mischief describes a crime that involves any damage, defacement, alteration or destruction of property. It is also known as vandalism.

Criminal Mischief

Utah Code §76-6-106

Degree

Depending on the facts, criminal mischief can be charged as a 2nd degree felony, 3rd degree felony, class A misdemeanor or class B misdemeanor.

Elements

A defendant commits a 2nd degree felony criminal mischief when they intentionally and unlawfully tamper with the property of another and as a result recklessly cause or threatens a substantial interruption or impairment of any critical infrastructure.

A defendant commits a 2nd degree felony criminal mischief when they intentionally damage, deface, or destroy the property of another and the defendant's conduct causes or is intended to cause a pecuniary loss equal to or in excess or $5,000 in value.

A defendant commits a 2nd degree felony criminal mischief when they recklessly or willfully shoot or propel a missile or other object at or against a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving or standing and the defendant's conduct causes or is intended to cause pecuniary loss equal to or in excess of $5,000 in value.

A defendant commits 3rd degree felony criminal mischief when under circumstances not amounting to arson, damages or destroys property with the intention of defrauding an insurer.

A defendant commits a 3rd degree felony criminal mischief when they intentionally damage, deface, or destroy the property of another and the defendant's conduct causes or is intended to cause a pecuniary loss equal to or in excess of $1,500 but less than $5,000 in value.

A defendant commits a 3rd degree felony criminal mischief when they recklessly or willfully shoot or propel a missile or other object at or against a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving or standing and the defendant's conduct causes or is intended to cause pecuniary loss equal to or in excess of $1,500 but less than $5,000 in value.

A defendant commits a class A misdemeanor criminal mischief when they intentionally and unlawfully tampers with the property of another and as a result recklessly endangers human life.

A defendant commits a class A misdemeanor criminal mischief when they intentionally damage, deface, or destroy the property of another and the defendant's conduct causes or is intended to cause a pecuniary loss equal to or in excess of $500 but less than $1,500 in value.

A defendant commits a class A misdemeanor criminal mischief when they recklessly or willfully shoot or propel a missile or other object at or against a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving or standing and the defendant's conduct causes or is intended to cause pecuniary loss equal to or in excess of $500 but less than $1,500 in value.

A defendant commits a class B misdemeanor criminal mischief when they intentionally and unlawfully tamper with the property of another and as a result recklessly endangers human health or safety.

A defendant commits a class B misdemeanor criminal mischief when they intentionally damage, deface, or destroy the property of another and the defendant's conduct causes or is intended to cause a pecuniary loss less than $500.

A defendant commits a class B misdemeanor criminal mischief when they recklessly or willfully shoot or propel a missile or other object at or against a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving or standing and the defendant's conduct causes or is intended to cause pecuniary loss less than $500.

Fine

2nd degree felony: A fine not to exceed $10,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(a), Utah Code Ann. §51-9-401)
3rd degree felony: A fine not to exceed $5,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(b), Utah Code Ann. §51-9-401)
Class A misdemeanor: A fine not to exceed $2,500, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(c), Utah Code Ann. §51-9-401)
Class B misdemeanor: A fine not to exceed $1,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(d), Utah Code Ann. §51-9-401)

Restitution

The court may order a defendant convicted of this crime to pay restitution. In determining the value of damages or value of the item includes the measurable value of the loss of use of the items and the measurable cost to replace or restore the items. (Utah Code Ann. §77-38a-301, §76-6-106(4))

Imprisonment

2nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years.
(Utah Code Ann. §76-3-203(2))
3rd degree felony: A term of imprisonment not to exceed 5 years.
(Utah Code Ann. §76-3-203(3))
Class A misdemeanor: A term in jail not to exceed 1 year.
(Utah Code Ann. §76-3-204(1))
Class B misdemeanor: A term in jail not to exceed 6 months.
(Utah Code Ann. §76-3-204(2))

DNA Specimen Analysis

A defendant convicted of a 2nd degree felony, or 3rd degree felony criminal mischief must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))

Firearms

A defendant convicted of class A misdemeanor, 3rd or 2nd degree felony criminal mischief may not posses, use or have control of a firearm or ammunition for life.
(18 U.S.C. §922(g)(9))


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Learn more about crimes related to Criminal Mischief. If you have any questions, please feel free to call our office at (801) 505-1586.

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