Criminal mischief

United States Law

In United States criminal law, mischief is an offense against property that does not involve conversion. It typically involves any damage, defacement, alteration, or destruction of property. Common forms include vandalism, graffiti, or some other destruction or defacement of property other than arson. Governed by state law, criminal mischief is committed when a perpetrator, having no right to do so nor any reasonable ground to believe that he/she has such right, intentionally damages property of another person, intentionally participates in the destruction of property of another person, or participates in the reckless damage or destruction of property of another person. Criminal mischief is usually a misdemeanor.

In computer science and hacker jargon, mischief is a form of attack that clearly indicates the breach of the system and constitutes a form of injury or an infringement of rights, more specifically invasion of privacy, against which legal action can be taken to secure damages. Grey hat hackers often use mischief as a way to signal security breaches to system administrators.

Mischief is also a way for a hacker to "prove" himself to others. As an overt demonstration to other hackers of his skill in the use of force, these security breaches can be taken as a sign of criminal intent and may result in charges as serious as terrorism. In this context, terroristic threat involves a threat to commit violence (the computer attack) communicated with intent to cause significant harm, inconvenience, or injury (the resulting breach) in reckless disregard of the risk of causing such harm, inconvenience, or injury. Brute force is associated with hacker ‘mischief’.

New Jersey Criminal Mischief Law

A person is guilty of Criminal Mischief if he:

1. Purposely or knowingly damages the tangible property of another or damages tangible property of another recklessly or negligently in the employment of fire, explosives or other dangerous means listed in subsection a. of N. J.S. A. 2C:17-3; or
2. Purposely, knowingly or recklessly tampers with tangible property of another so as to endanger person or property, including the damaging or destroying of a rental premises by a tenant in retaliation for institution of eviction proceedings.

Penalties if Convicted

The penalties for a conviction of Criminal Mischief are complicated and depend on a number of factors surrounding the circumstances. Your New Jersey Criminal Mischief Lawyer will be able to explain them to you best. The following is a breakdown of the different charges and penalties. The list is numbered 1 through 10 and sets forth the various acts of Criminal Mischief and resulting charges. At the bottom of the page is an explanation of the penalties that a conviction of each charge results in.

Read more... New Jersey Criminal Mischief Offense Lawyer

Canada Law

What is the punishment for mischief in Canada?

(NB: "Mischief" is the equivalent of crimes such as misdemeanor destruction of property in the U.S.)

For a first offense, if restitution for any damage has been made, an absolute discharge can sometimes be granted - particularly for juveniles.

Otherwise, the most likely penalties will include a small fine, possible probation, and often community service work. Incarceration is ususally only handed out in extreme cases.

Attached Image Info:

Mischief 101 -- The Pocket Guide to Mischief. For when the flesh is willing but the inspiration is weak: A pocket-sized reference manual for mischief. Choose your route: slow burn or instant gratification, physical destruction or public humiliation. It's all inside... Also includes historical accounts and tales of famous mischief-makers. (The book is available at Amazon.com)