(a) A person is guilty of criminal mischief when the person intentionally or recklessly does any of the following:
(1) Damages tangible property of another person.
(2) Tampers with tangible property of another person so as to endanger person or property.
(3) Tampers or makes connection with tangible property of a gas, electric, steam or waterworks corporation, telegraph or telephone corporation or other public utility, except that in any prosecution under this subsection it is an affirmative defense that the accused engaged in the conduct charged to constitute an offense for a lawful purpose.
(4) Damages an authorized emergency vehicle. For purposes of this section:
a. “Aircraft” means a device in, on, or by which an individual or thing may be transported in the air.
b. “Authorized emergency vehicle” means all of the following:
1. A vehicle, aircraft, watercraft, or unmanned aircraft system owned, leased, or used in performance of duties by any of the following:
A. A fire department or fire company, including the use by fire chief, assistant fire chief, chief engineer, or fire police officer.
B. A law-enforcement agency.
C. An ambulance company.
2. A specialized vehicle used by a paramedic in performance of the paramedic’s duties.
c. “Law-enforcement agency” means an agency that employs a “law-enforcement officer,” as defined under § 222 of this title.
d. “Unmanned aircraft system” means as defined under § 1334 of this title.
e. “Vehicle” means as defined under § 222 of this title.
f. “Watercraft” means a device in, on, or by which an individual or thing may be transported on the water.
(b) Criminal mischief is punished as follows:
(1) Criminal mischief is a class F felony if the person intentionally causes damage to an authorized emergency vehicle resulting in pecuniary loss of $5,000 or more and in the authorized emergency vehicle becoming temporarily unable to be used to respond to an emergency.
(2) Criminal mischief is a class G felony if the person intentionally causes pecuniary loss of $5,000 or more, or if the person intentionally causes a substantial interruption or impairment of public communication, transportation, supply of water, gas, or power, or other public service.
(3) Criminal mischief is a class A misdemeanor if the person intentionally or recklessly causes pecuniary loss in excess of $1,000 and paragraphs (b)(1) and (b)(2) of this section do not apply.
(4) Criminal mischief is an unclassified misdemeanor if paragraphs (b)(1) through (b)(3) of this section do not apply.
(5) If the person commits an act of criminal mischief on or along a Delaware byway, as defined in § 101 of Title 17, the court shall impose a minimum mandatory fine of at least $500.
(c) It is a defense that the person has a reasonable ground to believe that the person has a right to engage in the conduct set forth in subsection (a) of this section.
11 Del. C. 1953,
§
811;
58 Del. Laws, c. 497,
§
1;
60 Del. Laws, c. 590,
§
6;
65 Del. Laws, c. 497,
§
1;
67 Del. Laws, c. 130,
§
8;
70 Del. Laws, c. 186,
§
1;
70 Del. Laws, c. 211,
§
1;
77 Del. Laws, c. 133,
§
14;
77 Del. Laws, c. 350,
§
1;
85 Del. Laws, c. 503,
§
1;
Notes of Decisions
Cited in
15
cases (
3 in the last 5 years), 1966–2024 · leading case:
Heine v. Connelly, 644 F. Supp. 1508 (D. Del. 1986).
Heine v. Connelly, 644 F. Supp. 1508 (D. Del. 1986).
“Bilinski swore a complaint in the Justice of the Peace Court for New Castle County that charged Heine with criminal mischief in violation of 11 Del.C. § 811. The Court of Common Pleas assumed jurisdiction of the case.”
Osburn v. State, 224 A.2d 52 (Del. 1966).
“He plead guilty to the indictment; the sentencing judge ordered a presentence investigation and, subsequently, imposed the maximum sentence allowed by the statute, 11 Del.C. § 811. This Court has no power on appeal to reduce a sentence which is within the maximum penalty allowed…”
Dobrolenski v. State, 328 A.2d 447 (Del. 1974).
“HERRMANN, Chief Justice: The defendant appeals from her conviction upon charges of robbery (11 Del.C. § 811), possession of a deadly firearm during the commission of that felony (11 Del.”
Faircloth v. State, 522 A.2d 1268 (Del. 1987).
“§ 604) Two years imprisonment (consecutive) c) Criminal Mischief (0042) (11 Del. C. § 811) Six months imprisonment (consecutive) d) Driving While Under Influence (0044) (21 Del.”
Brown v. State, 239 A.2d 628 (Del. 1968).
“11 Del. C. § 811) provides: “Whoever feloniously takes from the person of another, by violence or by putting in fear, any money or other property or thing, which may be the subject of larceny, is guilty of robbery and a felony * * *» Defendants’ contention is based solely upon…”
Muhammad v. State, No. 592, 2014 (Del. Apr. 27, 2015).
· cites it 2× “Muhammad argued that his convictions and sentences for two counts of Criminal Mischief violated the multiplicity doctrine because only one entity (the Wilmington Housing Authority) suffered damage and that same entity was the only entity to suffer the pecuniary loss element of…”
Mills v. State, No. 715, 2014 (Del. Jan. 8, 2016).
“3 11 Del. C. § 811. to Mills’ appeal and affirm.”
State v. Sammons, No. 1107004907 (Del. Super. Ct. Nov. 21, 2016).
“§ 831; and one count of Criminal Mischief, 11 Del. C. § 811. Several other counts were either dismissed or the State entered a nolle prosequis.”
State v. Stevens, No. 0808022374 (Del. Super. Ct. Oct. 6, 2017).
“§ 512 and Criminal Mischief $1,000, 11 Del. C. § 811. The State entered a nolle prosequi on one count of Possession of a Deadly Weapon During the Commission of a Felony.”
State v. Cuffee, No. 1209013919 (Del. Super. Ct. Nov. 13, 2017).
“§ 512; and one count of Criminal Mischief $1,000, 11 Del. C. § 811. A presentence investigation was ordered by the Court.”
Lewis v. State, No. 99, 2017 (Del. Jan. 29, 2018).
“§ 841; two counts of Criminal Mischief (misdemeanor) under 11 Del. C. § 811; and one count of Receiving Stolen Property (felony) under 11 Del.”
Warncke v. State, No. 300, 2022 (Del. Aug. 8, 2023).
“There are three degrees of criminal mischief under 11 Del. C. § 811: it is a felony when the pecuniary loss exceeds $5,000; a class A misdemeanor when the loss exceeds $1,000 but is below $5,000; and an unclassified misdemeanor when the loss 1 App.”
11 Del. C. § 811(a): 1 case
11 Del. C. § 811(a)(1): 1 case
11 Del. C. § 811(b)(3): 1 case
Muhammad v. State, No. 592, 2014 (Del. Apr. 27, 2015).
“Muhammad argued that his convictions and sentences for two counts of Criminal Mischief violated the multiplicity doctrine because only one entity (the Wilmington Housing Authority) suffered damage and that same entity was the only entity to suffer the pecuniary loss element of…”
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