Criminal Mischief
Willfully and maliciously injuring or damaging another person's real or personal property.
Florida Statute
§ 806.13
Criminal mischief; penalties; penalty for minor
Quick Summary
Criminal mischief covers intentional, malicious damage to another person's property. The damage amount, a prior criminal-mischief conviction, and specified property or circumstances determine the classification.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Damage of $200 or Less
F.S. § 806.13(1)(b)1.
Damage to another person's property is $200 or less.
Damage Over $200 and Under $1,000
F.S. § 806.13(1)(b)2.
Damage to another person's property is greater than $200 but less than $1,000.
Damage of $1,000 or More
F.S. § 806.13(1)(b)3.
Damage to another person's property is $1,000 or more.
Service Interruption Restoration Cost of $1,000 or More
F.S. § 806.13(1)(b)3.
The damage causes interruption or impairment of a qualifying business operation or public service that costs $1,000 or more in labor and supplies to restore.
Prior Criminal Mischief Conviction
F.S. § 806.13(1)(b)4.
For a charge otherwise falling under the $200-or-less or over-$200-and-under-$1,000 tiers, the person has one or more prior convictions under section 806.13(1).
Place of Worship or Religious Article
F.S. § 806.13(2)
Damage exceeding $200 to a church, synagogue, mosque, other place of worship, or a religious article contained there.
Memorial or Historic Property
F.S. § 806.13(3)
Willful and malicious damage exceeding $200 to a memorial or historic property without the owner's consent.
Residential Dwelling or Commercial Real Property
F.S. § 806.13(4)
While unlawfully detaining, occupying, or trespassing on a residential dwelling or commercial real property, intentionally causing at least $1,000 in damage.
Public Telephone or Equipment
F.S. § 806.13(5)
Without owner consent, willfully destroying or substantially damaging specified public telephone equipment under the statute's conditions.
Sexually Violent Predator Detention or Commitment Facility
F.S. § 806.13(6)
Willful and malicious damage exceeding $200 to the specified facility or its property.
Image Without Written Consent
F.S. § 806.13(7)(a)
Knowingly and intentionally displaying or projecting an image onto a building, structure, or other property without the owner's written consent.
Image Containing a Credible Threat
F.S. § 806.13(7)(b)
The unauthorized displayed or projected image contains a credible threat.
Elements of the Offense
Elements of the Offense
- Element 1
The defendant injured or damaged real or personal property.
Plain language: There must be injury or damage to property.
- Element 2
The injured or damaged property belonged to another person.
Plain language: The property must belong to someone other than the defendant.
- Element 3
The injury or damage was done willfully and maliciously.
Plain language: The damage must have been intentional, wrongful, and without legal justification or excuse.
Jury Instructions
Jury Instructions
Instruction 12.4
Criminal Mischief
Core offense, definitions, damage-value degrees, worship-property circumstance, and prior-conviction reclassification.
View Official InstructionInstruction 12.4(a)
Criminal Mischief — Memorial or Historic Property
Use for the memorial or historic-property offense under section 806.13(3).
View Official InstructionInstruction 12.4(c)
Criminal Mischief — Displaying or Projecting an Image Without Written Consent
Use for the image-display/projecting offense; the statute’s current numbering is section 806.13(7).
View Official InstructionInstruction 12.4(d)
Criminal Mischief — Damage While Unlawfully Detaining, Occupying, or Trespassing
Use for section 806.13(4) involving at least $1,000 damage to a residential dwelling or commercial real property.
View Official InstructionImportant Definitions
Important Definitions
Willfully
Intentionally, knowingly, and purposely.
Maliciously
Wrongfully and intentionally, without legal justification or excuse, and with knowledge that injury or damage will or may be caused to another person or that person's property.
Graffiti
Graffiti or other acts of vandalism are among the means by which property can be injured or damaged under the law.
Additional Notes
Additional Notes
Quick Reference
Start with property damage, ownership by another, and whether the damage was willful and malicious. Then use the Classification Matrix to identify the applicable degree.
Damage Aggregation
Damage to property owned by separate persons may be aggregated when the damage occurred during one scheme or course of conduct.
Prior Conviction Reclassification
For damage of $1,000 or less, one or more prior convictions under section 806.13(1) reclassifies the offense to a third-degree felony. The prior-conviction issue is determined separately after a guilty finding.
Graffiti Consequences
Graffiti-related violations carry additional statutory fines, community-service requirements, and possible minor driver-license consequences. Review subsections (9) through (11) for the applicable circumstances.