24 Questions
What is the minimum damage required for criminal mischief to be considered a felony of the third degree?
$1,000
What is the punishment for criminal mischief that causes damage of $200 or less?
Misdemeanor of the second degree
What is the penalty for destroying or substantially damaging a public telephone?
Felony of the third degree
If someone has one or more previous convictions for criminal mischief, what is the charge for damaging property worth $200 or less?
Felony of the third degree
What is the minimum fine for a first conviction of violating this section related to the placement of graffiti?
$250
What is the punishment for criminal mischief that causes damage to a place of worship exceeding $200?
Felony of the third degree
What is considered an act of criminal mischief?
Willfully and maliciously damaging someone's property
What is the penalty for damaging a sexually violent predator detention or commitment facility?
Felony of the third degree
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?
40 hours
What is an example of criminal mischief?
Placing graffiti on someone's property
Under what circumstances can a court decline to order a person to pay a fine under paragraph (a)?
If the person is indigent
What is the penalty for criminal mischief that causes interruption or impairment of a business operation or public service?
Felony of the third degree
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?
Any of the above
What is the penalty for criminal mischief that causes damage to property worth $500?
Misdemeanor of the first degree
How can a minor reduce the period of revocation, suspension, or withholding of their driver license or driving privilege?
By performing community service
What is the maximum fine for a third or subsequent conviction of violating this section related to the placement of graffiti?
$1,000
Who is liable for payment of the fine if a minor commits a delinquent act under this section?
Both the minor and the parent or legal guardian
What happens to the damage to property owned by separate persons if it was damaged during one scheme or course of conduct?
The amounts are aggregated in determining the grade of the offense
What is the primary reason for reducing the period of revocation, suspension, or withholding of a minor's driver license or driving privilege?
Due to a family hardship, the minor's driver license or driving privilege is necessary for employment or medical purposes
What is the definition of 'community service' in the context of graffiti-related offenses?
Cleaning graffiti from public property
What is the intent of the Legislature regarding municipalities and counties establishing ordinances related to graffiti?
To allow municipalities and counties to establish ordinances that prohibit graffiti-related offenses
What is the maximum fine that can be imposed for a graffiti-related offense?
The amount specified in ss. 125.69 and 162.21
What is the consequence of a court finding that a juvenile has violated a graffiti-related ordinance?
The court cannot provide a disposition of the case that is less severe than the mandatory penalty prescribed by municipal or county ordinance
What is the purpose of allowing municipalities and counties to establish higher penalties than those provided by state law?
To confront the blight of graffiti
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.
Understand the laws and penalties related to criminal mischief in Florida, including vandalism and property damage.
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