Florida Criminal Mischief Law
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Questions and Answers

What is the minimum damage required for criminal mischief to be considered a felony of the third degree?

  • $1,000 (correct)
  • $5,000
  • $100
  • $200
  • What is the punishment for criminal mischief that causes damage of $200 or less?

  • Felony of the third degree
  • Misdemeanor of the second degree (correct)
  • Felony of the second degree
  • Misdemeanor of the first degree
  • What is the penalty for destroying or substantially damaging a public telephone?

  • Felony of the third degree (correct)
  • Felony of the first degree
  • Misdemeanor of the first degree
  • Misdemeanor of the second degree
  • If someone has one or more previous convictions for criminal mischief, what is the charge for damaging property worth $200 or less?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is the minimum fine for a first conviction of violating this section related to the placement of graffiti?

    <p>$250</p> Signup and view all the answers

    What is the punishment for criminal mischief that causes damage to a place of worship exceeding $200?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is considered an act of criminal mischief?

    <p>Willfully and maliciously damaging someone's property</p> Signup and view all the answers

    What is the penalty for damaging a sexually violent predator detention or commitment facility?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is the minimum number of hours of community service required for a person convicted of violating this section related to the placement of graffiti?

    <p>40 hours</p> Signup and view all the answers

    What is an example of criminal mischief?

    <p>Placing graffiti on someone's property</p> Signup and view all the answers

    Under what circumstances can a court decline to order a person to pay a fine under paragraph (a)?

    <p>If the person is indigent</p> Signup and view all the answers

    What is the penalty for criminal mischief that causes interruption or impairment of a business operation or public service?

    <p>Felony of the third degree</p> Signup and view all the answers

    What happens to a minor's driver license or driving privilege if they are found to have committed a delinquent act under this section for placing graffiti?

    <p>Any of the above</p> Signup and view all the answers

    What is the penalty for criminal mischief that causes damage to property worth $500?

    <p>Misdemeanor of the first degree</p> Signup and view all the answers

    How can a minor reduce the period of revocation, suspension, or withholding of their driver license or driving privilege?

    <p>By performing community service</p> Signup and view all the answers

    What is the maximum fine for a third or subsequent conviction of violating this section related to the placement of graffiti?

    <p>$1,000</p> Signup and view all the answers

    Who is liable for payment of the fine if a minor commits a delinquent act under this section?

    <p>Both the minor and the parent or legal guardian</p> Signup and view all the answers

    What happens to the damage to property owned by separate persons if it was damaged during one scheme or course of conduct?

    <p>The amounts are aggregated in determining the grade of the offense</p> Signup and view all the answers

    What is the primary reason for reducing the period of revocation, suspension, or withholding of a minor's driver license or driving privilege?

    <p>Due to a family hardship, the minor's driver license or driving privilege is necessary for employment or medical purposes</p> Signup and view all the answers

    What is the definition of 'community service' in the context of graffiti-related offenses?

    <p>Cleaning graffiti from public property</p> Signup and view all the answers

    What is the intent of the Legislature regarding municipalities and counties establishing ordinances related to graffiti?

    <p>To allow municipalities and counties to establish ordinances that prohibit graffiti-related offenses</p> Signup and view all the answers

    What is the maximum fine that can be imposed for a graffiti-related offense?

    <p>The amount specified in ss. 125.69 and 162.21</p> Signup and view all the answers

    What is the consequence of a court finding that a juvenile has violated a graffiti-related ordinance?

    <p>The court cannot provide a disposition of the case that is less severe than the mandatory penalty prescribed by municipal or county ordinance</p> Signup and view all the answers

    What is the purpose of allowing municipalities and counties to establish higher penalties than those provided by state law?

    <p>To confront the blight of graffiti</p> Signup and view all the answers

    Study Notes

    Criminal Mischief

    • A person commits criminal mischief if they willfully and maliciously injure or damage another person's property, including graffiti or vandalism.
    • The offense is categorized based on the amount of damage:
      • Less than $200: Misdemeanor of the second degree
      • 200−200-200−1,000: Misdemeanor of the first degree
      • $1,000 or more, or interruption of public service: Felony of the third degree

    Enhanced Penalties

    • If the person has previous convictions, the offense is reclassified as a felony of the third degree.
    • If the property is a place of worship, the offense is a felony of the third degree if the damage is greater than $200.

    Public Telephone Damage

    • Willfully destroying or damaging a public telephone or its equipment is a felony of the third degree.

    Sexually Violent Predator Detention Facilities

    • Willfully damaging a sexually violent predator detention or commitment facility is a felony of the third degree if the damage is greater than $200.

    Aggregation of Damages

    • Damages to property owned by separate persons, if damaged during one scheme, can be aggregated to determine the grade of the offense.

    Fines and Community Service

    • In addition to criminal penalties, the offender may be required to pay for damages and perform community service.
    • For graffiti-related offenses, the offender may be required to pay a fine of 250−250-250−1,000 and perform at least 40 hours of community service.

    Minors

    • If a minor commits a graffiti-related offense, their parent or legal guardian is liable for the fine.
    • The court may revoke or withhold the minor's driver license or driving privilege for up to 1 year.
    • The minor can elect to reduce the period of revocation by performing community service.

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    Description

    Understand the laws and penalties related to criminal mischief in Florida, including vandalism and property damage.

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