Mischief or malicious mischief is the name for a criminal offenses that is defined differently in different legal jurisdictions. While the wrongful acts will often involve what is popularly described as

vandalism Vandalism is the action involving deliberate destruction of or damage to public or private property. The term includes property damage, such as graffiti and defacement directed towards any property without permission of the owner. The term ...

, there can be a legal differentiation between vandalism and mischief. The

etymology Etymology ()The New Oxford Dictionary of English (1998) – p. 633 "Etymology /ˌɛtɪˈmɒlədʒi/ the study of the class in words and the way their meanings have changed throughout time". is the study of the history of the Phonological chan ...

of the word comes from

Old French Old French (, , ; Modern French: ) was the language spoken in most of the northern half of France from approximately the 8th to the 14th centuries. Rather than a unified language, Old French was a linkage of Romance dialects, mutually intellig ...

''meschief'', which means "misfortune", from ''meschever'', "to end badly".

Scotland

Malicious mischief is an offence against the

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...

Scotland Scotland (, ) is a Countries of the United Kingdom, country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a Anglo-Scottish border, border with England to the southeast ...

. It does not require actual damage to property for the offence to be committed; financial damage consequential to the act is sufficient, unlike vandalism which requires actual damage to property to form the offence, the latter being defined by section 52 of the

Criminal Law (Consolidation) (Scotland) Act 1995 The Criminal Law (Consolidation) (Scotland) Act 1995 (c.39) is an Act of the Parliament of the United Kingdom passed to consolidate certain enactments creating offences and relating to the criminal law of Scotland. Part I - Sexual Offences I ...

United States

United States criminal law Responsibility for criminal law and criminal justice in the United States is shared between the states and the federal government. Parties to a crime The parties or participants in a crime include the principal and accessory. A principal is a ...

, mischief is an offense against

property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, r ...

that typically involves the intentional or reckless infliction of

property damage Property damage (or cf. criminal damage in England and Wales) is damage or destruction of real or tangible personal property, caused by negligence, willful destruction, or act of nature. It is similar to vandalism and arson (destroying prop ...

defacement Defacement or disfigurement may refer to: *Defacement (vandalism), the vandalism of physical objects, like buildings, books, paintings and statues * Website defacement, an attack on a website that changes the visual appearance of the site *Defaceme ...

, alteration, or

destruction Destruction may refer to: Concepts * Destruktion, a term from the philosophy of Martin Heidegger * Destructive narcissism, a pathological form of narcissism * Self-destructive behaviour, a widely used phrase that ''conceptualises'' certain kin ...

. Common forms include

, and

graffiti Graffiti (plural; singular ''graffiti'' or ''graffito'', the latter rarely used except in archeology) is art that is written, painted or drawn on a wall or other surface, usually without permission and within public view. Graffiti ranges from s ...

. 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 or recklessly

damages At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at ...

property of another person, intentionally participates in the

of property of another person, or participates in the reckless damage or destruction of property of another person.

Canada

The country's

Criminal Code A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...

makes

mischief Mischief or malicious mischief is the name for a criminal offenses that is defined differently in different legal jurisdictions. While the wrongful acts will often involve what is popularly described as vandalism, there can be a legal different ...

hybrid offence A hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as i ...

, punishable by up to and including life imprisonment if the mischief causes actual danger to human life. Public mischief is the term for the crime of

wasting police time Wasting police time is listed as a criminal offence in many Commonwealth countries. United Kingdom In England and Wales, one can be charged with the offence under Section 5(2) of the Criminal Law Act 1967 when one "causes any wasteful employ ...

References

External links

* Legal terminology Vandalism {{Crime-stub