In Texas, criminal mischief is a property crime that includes actions ranging from minor vandalism to significant destruction of property. The law penalizes individuals who damage, destroy, or tamper with property that does not belong to them. The legal system evaluates these offenses based on the monetary value of the damage and the nature of the property involved.
What Constitutes Criminal Mischief in Texas
Under Texas law, a person commits criminal mischief if, without the owner’s consent, they intentionally or knowingly damage, destroy, or make markings on tangible property. The law also includes tampering with property in a way that causes a financial loss or substantial inconvenience to the owner or a third party. The scope of what is considered “property” is broad, covering both real estate and personal belongings. For an act to be considered criminal mischief, the prosecution must prove the individual acted without the owner’s permission and that their conduct was intentional or knowing.1Texas Public Law. Texas Penal Code Section 28.03 – Criminal Mischief
Criminal Mischief Offense Levels Based on Property Value
The classification of a criminal mischief offense in Texas is directly tied to the monetary value of the damage inflicted, referred to as “pecuniary loss.” This amount is determined by the cost to repair or replace the damaged property. The Texas Penal Code establishes a tiered system that escalates the severity of the charge based on this financial measure.
The offense levels begin with a Class C misdemeanor for damages valued at less than $100. If the loss is between $100 and $750, the charge is a Class B misdemeanor. For damages ranging from $750 to $2,500, an individual faces a Class A misdemeanor. The consequences become more serious when the damage exceeds $2,500, at which point the offense becomes a state jail felony.
As the value of the destruction increases, so does the felony level. Damage between $30,000 and $150,000 constitutes a third-degree felony, while damage from $150,000 to $300,000 is a second-degree felony. If the pecuniary loss is $300,000 or more, the offense is classified as a first-degree felony.
Enhanced Criminal Mischief Offenses
Certain circumstances can elevate a criminal mischief charge to a higher level. The Texas Penal Code specifies several situations where the offense level is automatically increased when the property involved holds special significance or when the act disrupts public services.
Actions that can lead to enhanced penalties include:
- Damaging a place of worship, human burial site, public monument, or community center, which is elevated to a state jail felony if the loss is between $750 and $30,000.
- Impairing or interrupting public communications, transportation, or the supply of gas or power.
- Damaging a fence used to contain livestock or game animals, which is often a state jail felony.
- Using a firearm or explosive to damage a habitation, which results in a state jail felony.
Penalties for Criminal Mischief
The legal penalties for a criminal mischief conviction in Texas correspond to the offense level. For a Class C misdemeanor, the penalty is a fine of up to $500.2Texas Public Law. Texas Penal Code Section 12.23 – Class C Misdemeanor A Class B misdemeanor conviction can result in up to 180 days in jail and a fine of up to $2,000.3Texas Public Law. Texas Penal Code Section 12.22 – Class B Misdemeanor For a Class A misdemeanor, the penalties increase to a maximum of one year in jail and a fine of up to $4,000.4Texas Public Law. Texas Penal Code Section 12.21 – Class a Misdemeanor
Felony convictions carry much more significant consequences. A state jail felony is punishable by 180 days to two years in a state jail facility and a fine of up to $10,000. A third-degree felony conviction can lead to two to ten years in prison and a fine of up to $10,000.5Texas Public Law. Texas Penal Code Section 12.34 – Third Degree Felony Punishment For a second-degree felony, the prison sentence ranges from two to twenty years, with a potential fine of up to $10,000.6Texas Public Law. Texas Penal Code Section 12.33 – Second Degree Felony Punishment A first-degree felony carries a penalty of five to 99 years or life in prison.7Texas Public Law. Texas Penal Code Section 12.32 – First Degree Felony Punishment Courts often order the defendant to pay restitution to the victim to cover the cost of the damages.8Texas Public Law. Texas Code of Criminal Procedure Article 42.037 – Restitution