§ 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 in the appendix to this title for special provisions relating to legislative findings and declarations.

Cross References.  Section 3304 is referred to in sections 3311, 9122.1 of this title; sections 3573, 9720 of Title 42 (Judiciary and Judicial Procedure).