Ark. Code Ann. § 5-38-204 (2026)
Criminal mischief in the second degree
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A person commits criminal mischief in the second degree if the person:
- Recklessly destroys or damages any property of another person; or
- Purposely tampers with any property of another person and by the tampering causes substantial inconvenience to the owner or another person.
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Criminal mischief in the second degree is a:
- Class A misdemeanor if the amount of actual damage is one thousand dollars ($1,000) or more but less than five thousand dollars ($5,000);
- Class D felony if the amount of actual damage is five thousand dollars ($5,000) or more; or
- Class B misdemeanor if otherwise committed.
- A person convicted of a felony offense under this section is subject to an enhanced sentence of an additional term of imprisonment of five (5) years at the discretion of the court if the finder of fact finds that the damage to property involved the removal of nonferrous metal, as it is defined in § 17-44-101.
History. Acts 1975, No. 280, § 1907; A.S.A. 1947, § 41-1907; Acts 1989, No. 735, § 1; 2011, No. 570, § 30; 2013, No. 1354, § 6.
A.C.R.C. Notes. Acts 2011, No. 570, § 1, provided:
“Legislative intent. The intent of this act is to implement comprehensive measures designed to reduce recidivism, hold offenders accountable, and contain correction costs.”
Amendments. The 2011 amendment rewrote (b)(1) and (b)(2).
The 2013 amendment added (c).
Case Notes
Evidence.
Judgment notwithstanding the verdict was properly granted in a malicious prosecution case where the passenger of a truck was arrested when the vehicle bumped a key-card entry gate; even if there was no damage to the gate or a mistake about such, there was still probable cause for an arrest for criminal mischief or attempt under Ark. R. Crim. P. 4.1(c). Coombs v. Hot Springs Village Prop. Owners Ass'n, 98 Ark. App. 226, 254 S.W.3d 5 (2007), rehearing denied, Coombs v. Hot Springs Vill. Prop. Owners Ass'n, — Ark. App. —, — S.W.3d —, 2007 Ark. App. LEXIS 543 (May 2, 2007).
As the victim exited her truck, a man grabbed her by her neck, put a gun to her head, and asked for her keys; she was forced into her residence and heard a shotgun fire as the man drove away. The police spotted the truck traveling at a high rate of speed apparently in flight from the scene of the crime and defendant's fingerprint was recovered from the doors; the evidence was not sufficient to sustain defendant's conviction for aggravated robbery, theft of property, and criminal mischief because there was no way to determine when defendant touched the truck. Turner v. State, 103 Ark. App. 248, 288 S.W.3d 669 (2008), review denied, — Ark. —, — S.W.3d —, 2009 Ark. LEXIS 514 (Jan. 22, 2009).
Intent.
Teenager who drove another's car without permission and accidentally totaled it was acting recklessly, but did not purposefully damage the car; as a consequence, he committed criminal mischief in the second degree rather than in the first degree. McGill v. State, 60 Ark. App. 246, 962 S.W.2d 382 (1998).
Lesser-Included Offense.
Criminal mischief in the second degree is a lesser-included offense of criminal mischief in the first degree; the distinction between the two offenses is based upon grades of intent or degrees of culpability. McGill v. State, 60 Ark. App. 246, 962 S.W.2d 382 (1998).
Conviction for criminal mischief in the first degree reduced to criminal mischief in the second degree after appellate review of the sufficiency of the evidence, pursuant to § 16-67-325. McGill v. State, 60 Ark. App. 246, 962 S.W.2d 382 (1998).
Cited: Hawksley v. State, 276 Ark. 504, 637 S.W.2d 573 (1982); Oliver v. State, 14 Ark. App. 240, 687 S.W.2d 850 (1985); Misenheimer v. State, 100 Ark. App. 189, 265 S.W.3d 764 (2007).