Penal Code · §28.03
Criminal Mischief
Elements
- Without the effective consent of the owner
- Intentionally or knowingly damages or destroys the tangible property of the owner; OR
- Intentionally or knowingly tampers with the tangible property of the owner causing pecuniary loss or substantial inconvenience; OR
- Intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings on the tangible property of the owner
Penalty
Value-based ladder (§28.03(b)): less than $100 — Class C misdemeanor; $100–$749 — Class B; $750–$2,499 — Class A; $2,500–$29,999 — state jail felony; $30,000–$149,999 — 3rd degree felony; $150,000–$299,999 — 2nd degree; $300,000 or more — 1st degree felony.
Enhancements
Bumped up one category if the property damaged was a habitation and the damage was caused by a firearm or explosive weapon. State jail felony minimum applies for damaging a public utility, fence used for livestock, or impairing emergency communications regardless of value. Cemetery/place of worship/school damage carries enhancements.