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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 ter ...
, 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 form of words ...
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 intel ...
''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 omniprese ...
of
Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to ...
. 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.


United States

In United States criminal law, 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,
alteration Alteration(s) may refer to: * Alteration (music), the use of a neighboring pitch in the chromatic scale in place of its diatonic neighbor. ** Alteration, in the mensural notation used by renaissance music, the lengthening of a breve, semibreve or ...
, 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 kind ...
of
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 ...
. Common forms include
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 ter ...
, 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 State law refers to the law of a federated state, as distinguished from the law of the federation A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, o ...
, 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
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 kind ...
of property of another person, or participates in the reckless damage or destruction of property of another person.


Canada

The country's Criminal Code makes mischief a hybrid offence, punishable by up to and including
life imprisonment Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes fo ...
if the mischief causes actual danger to human life. Public mischief is the term for the crime of wasting police time.


References


External links

* Legal terminology Vandalism {{Crime-stub