Miami Criminal Mischief Attorney
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Miami Criminal Mischief Laws by Statute
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your rights and Criminal Mischief.
806.13 Criminal mischief; penalties; penalty for minor.--
(1)(a) A person commits the offense of criminal mischief if he or
she willfully and maliciously injures or damages by any means any
real or personal property belonging to another, including, but not
limited to, the placement of graffiti thereon or other acts of
vandalism thereto.
(b)1. If the damage to such property is $200 or less, it is a
misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083.
2. If the damage to such property is greater than $200 but less
than $1,000, it is a misdemeanor of the first degree, punishable
as provided in s. 775.082 or s. 775.083.
3. If the damage is $1,000 or greater, or if there is interruption
or impairment of a business operation or public communication,
transportation, supply of water, gas or power, or other public
service which costs $1,000 or more in labor and supplies to
restore, it is a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
4. If the person has one or more previous convictions for
violating this subsection, the offense under subparagraph 1. or
subparagraph 2. for which the person is charged shall be
reclassified as a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(2) Any person who willfully and maliciously defaces, injures, or
damages by any means any church, synagogue, mosque, or other place
of worship, or any religious article contained therein, commits a
felony of the third degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084, if the damage to the property is
greater than $200.
(3) Whoever, without the consent of the owner thereof, willfully
destroys or substantially damages any public telephone, or
telephone cables, wires, fixtures, antennas, amplifiers, or any
other apparatus, equipment, or appliances, which destruction or
damage renders a public telephone inoperative or which opens the
body of a public telephone, commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084;
provided, however, that a conspicuous notice of the provisions of
this subsection and the penalties provided is posted on or near
the destroyed or damaged instrument and visible to the public at
the time of the commission of the offense.
(4) Any person who willfully and maliciously defaces, injures, or
damages by any means a sexually violent predator detention or
commitment facility, as defined in part V of chapter 394, or any
property contained therein, commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
if the damage to property is greater than $200.
(5)(a) The amounts of value of damage to property owned by
separate persons, if the property was damaged during one scheme or
course of conduct, may be aggregated in determining the grade of
the offense under this section.
(b) Any person who violates this section may, in addition to any
other criminal penalty, be required to pay for the damages caused
by such offense.
(6)(a) Any person who violates this section when the violation is
related to the placement of graffiti shall, in addition to any
other criminal penalty, be required to pay a fine of:
1. Not less than $250 for a first conviction.
2. Not less than $500 for a second conviction.
3. Not less than $1,000 for a third or subsequent conviction.
(b) Any person convicted under this section when the offense is
related to the placement of graffiti shall, in addition to any
other criminal penalty, be required to perform at least 40 hours
of community service and, if possible, perform at least 100 hours
of community service that involves the removal of graffiti.
(c) If a minor commits a delinquent act prohibited under paragraph
(a), the parent or legal guardian of the minor is liable along
with the minor for payment of the fine. The court may decline to
order a person to pay a fine under paragraph (a) if the court
finds that the person is indigent and does not have the ability to
pay the fine or if the court finds that the person does not have
the ability to pay the fine whether or not the person is indigent.
(7) In addition to any other penalty provided by law, if a minor
is found to have committed a delinquent act under this section for
placing graffiti on any public property or private property, and:
(a) The minor is eligible by reason of age for a driver's license
or driving privilege, the court shall direct the Department of
Highway Safety and Motor Vehicles to revoke or withhold issuance
of the minor's driver's license or driving privilege for not more
than 1 year.
(b) The minor's driver's license or driving privilege is under
suspension or revocation for any reason, the court shall direct
the Department of Highway Safety and Motor Vehicles to extend the
period of suspension or revocation by an additional period of not
more than 1 year.
(c) The minor is ineligible by reason of age for a driver's
license or driving privilege, the court shall direct the
Department of Highway Safety and Motor Vehicles to withhold
issuance of the minor's driver's license or driving privilege for
not more than 1 year after the date on which he or she would
otherwise have become eligible.
(8) A minor whose driver's license or driving privilege is
revoked, suspended, or withheld under subsection (7) may elect to
reduce the period of revocation, suspension, or withholding by
performing community service at the rate of 1 day for each hour of
community service performed. In addition, if the court determines
that due to a family hardship, the minor's driver's license or
driving privilege is necessary for employment or medical purposes
of the minor or a member of the minor's family, the court shall
order the minor to perform community service and reduce the period
of revocation, suspension, or withholding at the rate of 1 day for
each hour of community service performed. As used in this
subsection, the term "community service" means cleaning graffiti
from public property.
(9) Because of the difficulty of confronting the blight of
graffiti, it is the intent of the Legislature that municipalities
and counties not be preempted by state law from establishing
ordinances that prohibit the marking of graffiti or other
graffiti-related offenses. Furthermore, as related to graffiti,
such municipalities and counties are not preempted by state law
from establishing higher penalties than those provided by state
law and mandatory penalties when state law provides discretionary
penalties. Such higher and mandatory penalties include fines that
do not exceed the amount specified in ss. 125.69 and 162.21,
community service, restitution, and forfeiture. Upon a finding
that a juvenile has violated a graffiti-related ordinance, a court
acting under chapter 985 may not provide a disposition of the case
which is less severe than any mandatory penalty prescribed by
municipal or county ordinance for such violation.
History.--s. 27, ch. 74-383; s. 20, ch. 75-298; s. 1, ch. 82-21;
s. 1, ch. 86-281; s. 1, ch. 88-273; s. 183, ch. 91-224; s. 1, ch.
95-164; s. 1231, ch. 97-102; s. 1, ch. 98-93; s. 1, ch. 98-415; s.
5, ch. 2001-244; s. 117, ch. 2002-1; s. 1, ch. 2002-163.
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