The Oregon Criminal Mischief Guide: Laws & Penalties
- Chris Trotter
- Sep 3
- 5 min read
Updated: Sep 5
Criminal mischief in Oregon is a common property crime, which encompasses a range of acts from graffiti to vandalism to property destruction. The seriousness of the charge depends on the intent, damage amount, and the type of property involved. This guide breaks down what criminal mischief means in Oregon, the degrees of the crime, potential penalties, and what to do if you are involved in a criminal mischief situation.
What Is Criminal Mischief in Oregon?
Criminal mischief in Oregon refers to intentionally or recklessly damaging or tampering with someone else’s property without their permission. The offense is codified under ORS 164.365, ORS 164.364, and ORS 164.345 in Oregon law. At its core, it punishes conduct where a person intentionally or recklessly damages, interferes with, or alters property they do not own.
Criminal mischief charges are categorized into three degrees: first, second, and third, based on factors like the value of the damage, the type of property, and whether the act was reckless or intentional.
Criminal Mischief in the Third Degree (ORS 164.345)
Definition: Criminal mischief in the third degree is the least severe form and typically involves minor property damage or tampering.
Elements:
The person intentionally damages property of another; or
Having no right or reasonable ground to believe they have such right, the person intentionally tampers with property of another with the intent to cause inconvenience or risk.
Examples:
Scratching someone’s car with a key.
Knocking over and damaging someone’s garden decorations.
Letting the air out of someone’s tires without causing permanent damage.
Penalties:
Class C misdemeanor
Up to 30 days in jail and/or a $1,250 fine
While the penalties are relatively minor, a conviction can still create a criminal record that may affect employment or housing.
Criminal Mischief in the Second Degree (ORS 164.354)
Definition: Second-degree criminal mischief involves more substantial damage than third-degree but doesn’t rise to the level of a felony.
Elements:
A person commits the crime of criminal mischief in the second degree if:
Having no right to do so nor reasonable ground to believe that the person has such right,
the person intentionally damages property of another, Or
the person recklessly damages property of another in an amount exceeding $500.
Examples:
Breaking a car window.
Defacing a public building with graffiti.
Damaging a vending machine or ATM casing without breaking into it.
Crashing into another vehicle while under the influence of alcohol or another intoxicant.
Penalties:
Class A misdemeanor
Up to 364 days in jail and/or a $6,250 fine.
Repeat offenders or those who commit mischief against schools or public services may face enhanced scrutiny or additional charges.
Criminal Mischief in the FIrst Degree (ORS 164.365)
Definition: First-degree criminal mischief is the most serious level and is a felony offense in Oregon. It applies when the damage is more extensive or particularly harmful in nature.
Elements:
A person commits the crime of criminal mischief in the first degree who, with intent to damage property, and having no right to do so nor reasonable ground to believe that the person has such right:
(a) Damages or destroys property of another:
(A) In an amount exceeding $1,000; or
(B) By means of an explosive; or
(C) By starting a fire in an institution while the person is committed to and confined in the institution; or
(D) Which is a livestock animal; or
(E) Which is the property of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility used in direct service to the public; or
(F) By intentionally interfering with, obstructing or adulterating in any manner the service of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility; Or
(b) Intentionally uses, manipulates, arranges or rearranges the property of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility used in direct service to the public so as to interfere with its efficiency.
Examples:
Smashing windows and electronics in a store during a protest.
Spray-painting offensive graffiti on a church or school building.
Cutting phone or internet cables to a business.
Damaging irrigation systems or poisoning livestock.
Penalties:
Class C felony
Up to 5 years in prison and/or a $125,000 fine
Depending on the circumstances, judges can impose probation, community service, or restitution in addition to, or instead of incarceration.
Additional Considerations
Restitution
Regardless of the degree, courts in Oregon often order restitution for victims, meaning the offender must pay for the cost of repair or replacement of damaged property.
Juvenile Offenders
Many criminal mischief cases in Oregon involve juveniles. While penalties for minors are typically less severe, they may still face restitution, probation, or mandatory community service. In serious cases, they may be tried as adults.
Defenses to Criminal Mischief in Oregon
Common legal defenses include:
Lack of Intent: The accused did not intentionally or knowingly damage property. Criminal mischief usually requires intent. If the damage was accidental or due to negligence (e.g., slipping and breaking a window), the state may not meet the burden of proof.
Mistaken Identity: The defendant was not the person who committed the act. Surveillance footage, eyewitness error, or circumstantial evidence can be challenged. Alibis and credible witnesses can support this defense.
Ownership or Right to Damage: The defendant had a legal right or ownership interest in the property. You generally can’t be guilty of criminal mischief for damaging your own property, unless, for instance, it’s jointly owned and the damage was meant to harm another party’s interest.
Consent: The property owner gave permission to alter or damage the property. If someone told the defendant they could damage or dispose of the property, this may negate criminal liability.
Duress or Coercion: The defendant was forced to commit the act under threat of harm. Oregon law allows duress as a defense if someone reasonably feared imminent serious physical harm unless they committed the offense.
Insufficient Evidence: The prosecution cannot prove all elements of the offense beyond a reasonable doubt. The state must prove the property belonged to someone else, the damage was intentional and knowing, and the amount or nature of damage meets the threshold for the charged degree.
The Oregon Criminal Mischief Guide: Conclusion
If you’re facing criminal mischief charges in Oregon, it's critical that you take the situation seriously and get legal guidance immediately. Criminal mischief in Oregon can carry serious consequences, including fines, jail time, and a permanent mark on your record that can impact your future opportunities.
At Trotter Law, we have the experience and dedication needed to defend clients against these charges, whether you're accused of property damage, vandalism, or other related offenses. Our team understands the nuances of Oregon’s criminal laws and will work strategically to challenge the evidence, protect our rights, and fight for the best possible outcome. Don’t face criminal mischief charges alone; let us at Trotter Law stand up for you! Call us today for a free consultation!
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
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