Under MCA § 45-6-101, a person commits the offense of criminal mischief if the person knowingly or purposely:
- injuries, damages, or destroys any property of another or public property without consent; or
- without consent tampers with property of another or public property so as to endanger or interfere with persons, property, or its use;
- damages or destroys property with the purpose to defraud an insurer; or
- fails to close a gate previously unopened which the person has opened, leading in or out of any enclosed premises, not in a city or town.
The offense is charged as a misdemeanor if the damage caused is less than $1,500 or as a felony if the damaged caused is more than $1,500.
Elements of Criminal Mischief
Under MCA § 45-6-101, the following elements of criminal mischief must be proven:
- That the Defendant damaged, injured, or destroyed the property of the alleged victim or public property; and
- That the Defendant did so without the consent of the alleged victim;
- That the Defendant acted knowingly or purposely;
OR
- That the Defendant tampered with the property of the alleged victim or public property so as to endanger or interfere with the persons, property; or its use; and
- That the Defendant did so without the consent of the alleged victim; and
- That the Defendant acted knowingly or purposely;
OR
- That the Defendant [damaged] [destroyed] property; and
- That the Defendant did so with the purpose to defraud an insurer; and
- That the Defendant acted knowingly or purposely; or
OR
- That the Defendant failed to close a gate previously unopened which he had opened, leading in or out of any enclosed premises; and
- That the gate was not located in a city or town; and
- That the Defendant acted knowingly or purposely.
For any felony charge of criminal mischief, the following elements must be proven that the Defendant caused pecuniary loss in excess of $1,500.00, injured, or killed a commonly domesticated hoofed animal, caused a substantial interruption, impairment of public communication or transportation, or supply of water, gas, power, or other public services.
The standard jury instruction for criminal mischief can be found at MCJI 6-101.