According to the statute, the lost value of destroyed or damaged property, the type of property, the method of the property's destruction (whether by explosives or shooting), and other details all affect whether criminal mischief has occurred or the level of its punishment. The statute's later classifications add abundant detail to the criminal-mischief crime. Rather, the crime addresses damage to tangible property, meaning physical things. Nor is it a robbery or theft crime involving the carrying away of tangible property or secreting or converting intangible assets like accounts. Criminal mischief has nothing to do with harm to persons. Thus, the core definition of criminal mischief is to intentionally damage, destroy, tamper with, or mark up (as with graffiti) another's tangible property, without that other's consent. (3) he intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner. (2) he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person or (1) he intentionally or knowingly damages or destroys the tangible property of the owner (a) A person commits an offense if, without the effective consent of the owner:
Texas's Statutory Definition of Criminal MischiefĪs just indicated, Texas Penal Code 28.03 first defines criminal mischief broadly, only later defining levels of the crime by certain activities that suggest some specific forms of the crime. When it comes to vandalism, malicious destruction of property, or graffiti, what Texas calls criminal mischief, the message may be don't mess with Texas. Criminal mischief in Texas has several levels covering everything from the lowest misdemeanor up to a first-degree felony. Texas Penal Code 28.03 is a relatively long statute. Texas Penal Code 28.03 first defines criminal mischief broadly before classifying levels of criminal mischief into increasingly stiff punishments.
In Texas, criminal mischief is a statutory crime.
Rather, Texas criminal mischief is what some other states charge as vandalism or malicious destruction of property, including what the layperson would think of as graffiti. Fortunately, that's not how broadly Texas Penal Code 28.03 defines it, although the statute does have its ambiguities. Criminal mischief sounds like a do-anything crime for which police can pursue charges at their whim.
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