Washington Laws on Criminal Damage to Property

Malicious Mischief Defined

Malicious mischief is defined as the intentional, criminal damage to the property of another.

Chapter 9A.48 of the Washington Criminal Code of the Revised Code of Washington addresses three degrees of malicious mischief:

RCA 9A.48.070 – First-Degree Malicious Mischief

A person is guilty of first-degree malicious mischief if he or she intentionally causes more than $5,000 worth of damage to another’s property; or causes public service to be interrupted or disabled by damaging or meddling with state property or public transportation; or impairs an aircraft’s safety by damaging or meddling with the aircraft, its parts or fuel. First-degree malicious mischief is a Class B felony. The penalty is 10 years incarceration in a state prison, or a $20,000 fine, or both.

RCA 9A.48.080 -Second-Degree Malicious Mischief

A person is guilty of second-degree malicious mischief if he or she intentionally causes more than $750 worth of damage to another’s property; or causes a considerable risk of interruption of a public service by meddling with or physically damaging state property, an emergency vehicle, utility, public transportation or communication network. Second-degree malicious mischief is a Class C felony. The penalty is 5 years incarceration in a state prison, or a $10,000 fine, or both.

RCA 9A.48.90 – Third-Degree Malicious Mischief

A person is guilty of third-degree malicious mischief if he or she intentionally causes physical damage to the property of another under circumstances that do not reach the level of first-or second-degree malicious mischief; or defaces any public or private building or structure by writing, painting or drawing on it without permission from the owner or operator of the property, under circumstances that do not rise to the level of first- or second-degree malicious mischief. Third-degree malicious mischief is a gross misdemeanor. The penalty is up to one year imprisonment in county jail, or up to a $5,000 fine, or both.

Legal Representation

A person charged with malicious mischief should contact a criminal defense law firm immediately. A criminal defense lawyer can arrange to have the charges lowered significantly, or, in some cases, dropped altogether.