Criminal Mischief
Arrest exception may applyWillfully and maliciously injuring or damaging another person's real or personal property.
Florida Statute
§ 806.13
Criminal mischief; penalties; penalty for minor
Verified against the 2026 Florida Statutes: September 13, 2026
Warrantless Arrest Authority
Conditional authority—not a blanket exception for every charge on this page. PC means probable cause. Establish probable cause and the applicable facts; open the entry for complete requirements. Arrest authority alone does not authorize entry into a home.
Criminal mischief / graffiti
Required facts
- Probable cause for criminal mischief OR a graffiti-related offense described in §806.13.
Limits & qualifications
- Probable cause for criminal mischief or a graffiti-related offense described in §806.13.
Authority
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
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
All of the following must be proven
The defendant injured or damaged real or personal property.
Plain language: There must be injury or damage to property.
- Element 2AND — Required
All of the following must be proven
The injured or damaged property belonged to another person.
Plain language: The property must belong to someone other than the defendant.
- Element 3AND — Required
All of the following must be proven
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 InstructionVerified against the official instruction source: September 13, 2026
Instruction 12.4(a)
Criminal Mischief — Memorial or Historic Property
Use for the memorial or historic-property offense under section 806.13(3).
View Official InstructionVerified against the official instruction source: September 13, 2026
Instruction 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 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.