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Criminal mischief - 18 Pa. Cons. Stat. § 3304Legal Research Home > Pennsylvania Statutes
§ 3304. Criminal mischief.
(a) Offense defined.--A person is guilty of criminal
mischief if he:
(1) damages tangible property of another intentionally,
recklessly, or by negligence in the employment of fire,
explosives, or other dangerous means listed in section
3302(a) of this title (relating to causing or risking
catastrophe);
(2) intentionally or recklessly tampers with tangible
property of another so as to endanger person or property;
(3) intentionally or recklessly causes another to suffer
pecuniary loss by deception or threat;
(4) intentionally defaces or otherwise damages tangible
public property or tangible property of another with graffiti
by use of any aerosol spray-paint can, broad-tipped indelible
marker or similar marking device;
(5) intentionally damages real or personal property of
another; or
(6) intentionally defaces personal, private or public
property by discharging a paintball gun or paintball marker
at that property.
(b) Grading.--Criminal mischief is a felony of the third
degree if the actor intentionally causes pecuniary loss in
excess of $5,000, or a substantial interruption or impairment of
public communication, transportation, supply of water, gas or
power, or other public service. It is a misdemeanor of the
second degree if the actor intentionally causes pecuniary loss
in excess of $1,000, or a misdemeanor of the third degree if he
intentionally or recklessly causes pecuniary loss in excess of
$500 or causes a loss in excess of $150 for a violation of
subsection (a)(4). Otherwise criminal mischief is a summary
offense.
(c) Definition.--As used in this section, the term
"graffiti" means an unauthorized inscription, word, figure, mark
or design which is written, marked, etched, scratched, drawn or
painted.
(Apr. 21, 1994, P.L.131, No.17, eff. 60 days; Dec. 20, 1996,
P.L.1522, No.198, eff. 60 days; Oct. 2, 2002, P.L.806, No.116,
eff. imd.; Dec. 22, 2005, P.L.449, No.85, eff. 60 days)
2005 Amendment. Act 85 amended subsec. (a).
2002 Amendment. Act 116 amended subsec. (a) and added
subsec. (c).
1996 Amendment. Act 198 amended subsec. (b).
1994 Amendment. See the preamble to Act 17 of 1994 in the
appendix to this title for special provisions relating to
legislative findings and declarations.
Cross References. Section 3304 is referred to in section
3311 of this title; sections 3573, 9720 of Title 42 (Judiciary
and Judicial Procedure).
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Last modified: November 27, 2007 |
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