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If you, or someone you know, is facing a Washington State malicious mischief charge, the government must prove the elements of that offense beyond a reasonable doubt. These elements are laid out under the Washington State criminal statutes.
Washington State malicious mischief charges are broad and serious. Both malicious mischief in the first and second degree are felonies, while malicious mischief in the third degree is a gross-misdemeanor.
If you have any questions about the elements of the Washington State malicious mischief charges, please feel free to contact us for a free consultation.
Revised Code of Washington Statutes
Below is the Revised Code of Washington statutes (what the Washington state government must prove beyond a reasonable doubt to convict you of this crime):
9A.48.070 Malicious Mischief in the First Degree
(1) A person is guilty of malicious mischief in the first degree if he or she knowingly and maliciously:
(a) Causes physical damage to the property of another in an amount exceeding five thousand dollars;
(b) Causes an interruption or impairment of service rendered to the public by physically damaging or tampering with an emergency vehicle or property of the state, a political subdivision thereof, or a public utility or mode of public transportation, power, or communication; or
(c) Causes an impairment of the safety, efficiency, or operation of an aircraft by physically damaging or tampering with the aircraft or aircraft equipment, fuel, lubricant, or parts.
(2) Malicious mischief in the first degree is a class B felony.
9A.48.080 Malicious Mischief in the Second Degree
(1) A person is guilty of malicious mischief in the second degree if he or she knowingly and maliciously:
(a) Causes physical damage to the property of another in an amount exceeding seven hundred fifty dollars; or
(b) Creates a substantial risk of interruption or impairment of service rendered to the public, by physically damaging or tampering with an emergency vehicle or property of the state, a political subdivision thereof, or a public utility or mode of public transportation, power, or communication.
(2) Malicious mischief in the second degree is a class C felony.
9A.48.090 Malicious Mischief in the Third Degree
(1) A person is guilty of malicious mischief in the third degree if he or she:
(a) Knowingly and maliciously causes physical damage to the property of another, under circumstances not amounting to malicious mischief in the first or second degree; or
(b) Writes, paints, or draws any inscription, figure, or mark of any type on any public or private building or other structure or any real or personal property owned by any other person unless the person has obtained the express permission of the owner or operator of the property, under circumstances not amounting to malicious mischief in the first or second degree.
(2) Malicious mischief in the third degree is a gross misdemeanor.
9A.48.100 Malicious Mischief — "Physical Damage" defined
For the purposes of RCW 9A.48.070 through 9A.48.090 inclusive:
(1) "Physical damage", in addition to its ordinary meaning, shall include the total or partial alteration, damage, obliteration, or erasure of records, information, data, computer programs, or their computer representations, which are recorded for use in computers or the impairment, interruption, or interference with the use of such records, information, data, or computer programs, or the impairment, interruption, or interference with the use of any computer or services provided by computers. "Physical damage" also includes any diminution in the value of any property as the consequence of an act;
(2) If more than one item of property is physically damaged as a result of a common scheme or plan by a person and the physical damage to the property would, when considered separately, constitute mischief in the third degree because of value, then the value of the damages may be aggregated in one count. If the sum of the value of all the physical damages exceeds two hundred fifty dollars, the defendant may be charged with and convicted of malicious mischief in the second degree.
