Criminal Mischief, C.R.S. 18-4-501
Criminal mischief is when there has been damage done to the property of another or the shared property of the accused person and the alleged victim.
The elements of criminal mischief are:
- A person knowingly,
- Damages property of another person, including shared property
The value of the property damaged will determine what level of crime is charged.
- Damage to property is less than $300 = petty offense
- Damage to property is between $300-$1,000 = class 2 misdemeanor
- Damage to property is between $1,000-$2,000 = class 1 misdemeanor
- Damage to property is between $2,000-$5,000 = class 6 felony
- Damage to property is between $5,000-$20,000 = class 5 felony
- Damage to property is between $20,000-$100,000 = class 4 felony
- Damage to property is between $100,000-$1,000,000 = class 3 felony
- Damage to property is more than $1,000,000 = class 2 felony
A common example of criminal mischief is vandalism, such as spray painting or breaking a window. Criminal mischief can be charged in domestic violence cases between spouses or significant partners where there is damage done to property inside the home, even if that property is owned by both parties.