Florida Statutes
Fla. Stat. § 806.13 (2025)
Criminal mischief; penalties; penalty for minor.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
(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) Any person who, without the consent of the owner thereof, willfully and maliciously defaces, injures, or otherwise damages by any means a memorial or historic property, as defined in s. 806.135(1), and the value of the damage to the memorial or historic property is greater than $200, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A court shall order any person convicted of violating this subsection to pay restitution, which shall include the full cost of repair or replacement of such memorial or historic property.
(4) A person who unlawfully detains or occupies or trespasses upon a residential dwelling or a commercial real property and who intentionally damages the dwelling or the commercial real property causing $1,000 or more in damages commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(5) 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.
(6) 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.
(7) A person may not knowingly and intentionally display or project, using any medium, an image onto a building, structure, or other property without the written consent of the owner of the building, structure, or property. For purposes of this subsection, the term “image” means a visual representation or likeness of a person or object, including text, graphics, logos, other artwork, or any combination thereof.
(a) A person who violates this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(8)(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.
(9)(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.
(10) 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 license or driving privilege, the court may direct the Department of Highway Safety and Motor Vehicles to revoke or withhold issuance of the minor’s driver license or driving privilege for not more than 1 year.
(b) The minor’s driver license or driving privilege is under suspension or revocation for any reason, the court may 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 license or driving privilege, the court may direct the Department of Highway Safety and Motor Vehicles to withhold issuance of the minor’s driver license or driving privilege for not more than 1 year after the date on which he or she would otherwise have become eligible.
(11) A minor whose driver license or driving privilege is revoked, suspended, or withheld under subsection (10) 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 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.
(12) 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; s. 35, ch. 2019-167; s. 10, ch. 2021-6; s. 3, ch. 2023-24; s. 2, ch. 2024-44; s. 4, ch. 2025-112.
Arrestable Offenses under F.S. 806.13
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§806.13(1a)DAMAGE PROP-CRIM MISCHREMOVED
§806.13(1b1)DAMAGE PROP-CRIM MISCHCRIMINAL MISCHIEF DAMAGE PROPERTY LT 0
§806.13(1b1)DAMAGE PROP-CRIM MISCHCRIM MISCHIEF DMG PROPERTY LT 0 PREV CONV
§806.13(1b2)DAMAGE PROP-CRIM MISCHCRIMINL MISCH DMG PROP 0-00 PREV CONV
§806.13(1b2)DAMAGE PROP-CRIM MISCHCRIMINAL MISCHIEF DMG PROPERTY 0-00
§806.13(1b3)DAMAGE PROP-CRIM MISCHCRIMINAL MISCHIEF DAMAGE PROPERTY 00+
§806.13(2)DAMAGE PROP-CRIM MISCHCHURCH SYNAGOGUE MOSQUE OR RELIGIOUS ARTICLE
§806.13(3)DAMAGE PROP-CRIM MISCHRENUMBERED. SEE REC # 9426
§806.13(3)DAMAGE PROP-CRIM MISCHDAMAGE MEMORIAL HISTORICAL PROPERTY GT 0
§806.13(4)DAMAGE PROP-CRIM MISCHRENUMBERED. SEE REC # 9427
§806.13(4)DAMAGE PROP-CRIM MISCHRENUMBERED. SEE REC # 10293
§806.13(4)DAMAGE PROP-CRIM MISCHOCCUPY DWELLING/COMMER PROP CAUSE
Notes of Decisions
Cited in 206
cases (5 in the last 5 years), 1978–2025 · leading case: Todd v. State, 643 So. 2d 625 (Fla. 1st DCA 1994).
Todd v. State, 643 So. 2d 625 (Fla. 1st DCA 1994). “ESTABLISHMENT CLAUSE Appellants challenge section 806.13, Florida Statutes (1991), and particularly that portion of the statute which makes it a felony to deface a place of worship, [1] asserting that it *628 violates the Establishment Clauses of both the state and federal…”
Marrero v. State, 71 So. 3d 881 (Fla. 2011). “13, Florida Statutes (2006), provides, in part: (l)(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…”
Leon F. Harrigan v. Ernesto Rodriguez, 977 F.3d 1185 (11th Cir. 2020). “014 (2)(c); and (8) criminal mischief, in violation of Fla. Stat. § 806.13 (1). The jury returned general guilty verdicts on all counts.”
Valdes v. State, 510 So. 2d 631 (Fla. 3d DCA 1987). “We affirm Valdes's conviction for criminal mischief pursuant to section 806.13, Florida Statutes (1985), because proof of the value of the property damage is not, as Valdes contends, an essential element of the crime.”
Mitchell A. Insignares v. Sec'y, Florida Dep't of Corr., 755 F.3d 1273 (11th Cir. 2014). “04(1), resulting in a sentence of 40 years of imprisonment, including a 20-year mandatory minimum; (2) criminal mischief, Fla. Stat. § 806.13 (1)(b)3, resulting in a sentence of 5 years of imprisonment; and (3) discharging a firearm in public, Fla.”
State v. Dickey, 928 So. 2d 1193 (Fla. 2006). “*1203 § 806.13(1)(b)(2), Fla. Stat. (2005). Dickey could easily have believed he was pleading to the misdemeanor offense.”
Whittington v. Town of Surfside, 490 F. Supp. 2d 1239 (S.D. Fla. 2007). “In relevant part, Fla. Stat. 806.13 provides: (l)(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…”
Perez v. State, 162 So. 3d 1139 (Fla. 2d DCA 2015). “The court looked at photos of the tables admitted into evidence and estimated that the tables, which were “a little nicer” than other end tables, were worth at least 0 each.”
Miller v. State, 667 So. 2d 325 (Fla. 1st DCA 1995). “Criminal mischief charge Count IV of the information charged appellant with criminal mischief, amounting to damage in the amount of
State v. N.P., 913 So. 2d 1 (Fla. 2d DCA 2005). “, a juvenile, was found delinquent for having committed criminal mischief in violation of section 806.13, Florida Statutes (2003). She had participated in placing graffiti on bathroom doors and walls at John Hopkins Middle School.”
Sanchez v. State, 909 So. 2d 981 (Fla. 5th DCA 2005). “§ 806.13, Fla. Stat. (2004); see also Insignares v.”
Reed v. State, 470 So. 2d 1382 (Fla. 1985). “18 Florida Statutes (1973); and section 806.13, Florida Statutes (Supp. 1974).”
— 806.13(1) — 11 cases
Miller v. State, 667 So. 2d 325 (Fla. 1st DCA 1995). “Criminal mischief charge Count IV of the information charged appellant with criminal mischief, amounting to damage in the amount of
Gliszczynski v. State, 654 So. 2d 579 (Fla. 5th DCA 1995).
State v. Tomblin, 400 So. 2d 1012 (Fla. 5th DCA 1981).
Dep't of Juv. Just. v. State, 705 So. 2d 1048 (Fla. 2d DCA 1998).
A.L.J. v. State, 12 So. 3d 873 (Fla. 4th DCA 2009).
— 806.13(1)(a) — 33 cases
Valdes v. State, 510 So. 2d 631 (Fla. 3d DCA 1987). “We affirm Valdes's conviction for criminal mischief pursuant to section 806.13, Florida Statutes (1985), because proof of the value of the property damage is not, as Valdes contends, an essential element of the crime.”
Stand. Jury Instructions-Crim. Cases, 603 So. 2d 1175 (Fla. 1992).
Clark v. State, 746 So. 2d 1237 (Fla. 1st DCA 1999).
In the Interest of JG, 655 So. 2d 1284 (Fla. 4th DCA 1995).
Ellis v. State, 816 So. 2d 759 (Fla. 4th DCA 2002).
— 806.13(1)(b) — 28 cases
Colson v. State, 711 So. 2d 604 (Fla. 2d DCA 1998).
Valdes v. State, 510 So. 2d 631 (Fla. 3d DCA 1987). “We affirm Valdes's conviction for criminal mischief pursuant to section 806.13, Florida Statutes (1985), because proof of the value of the property damage is not, as Valdes contends, an essential element of the crime.”
Roberts v. State, 461 So. 2d 212 (Fla. 1st DCA 1984).
Nickell v. State, 722 So. 2d 924 (Fla. 2d DCA 1998).
Stroud v. State, 656 So. 2d 195 (Fla. 2d DCA 1995).
— 806.13(1)(b)(1) — 14 cases
Valdes v. State, 510 So. 2d 631 (Fla. 3d DCA 1987). “We affirm Valdes's conviction for criminal mischief pursuant to section 806.13, Florida Statutes (1985), because proof of the value of the property damage is not, as Valdes contends, an essential element of the crime.”
Reed v. State, 470 So. 2d 1382 (Fla. 1985). “18 Florida Statutes (1973); and section 806.13, Florida Statutes (Supp. 1974).”
Roop v. State, 228 So. 3d 633 (Fla. 2d DCA 2017).
Morgan v. State, 228 So. 3d 681 (Fla. 2d DCA 2017).
Baker v. State, 622 So. 2d 1333 (Fla. 1st DCA 1993).
— 806.13(1)(b)(2) — 8 cases
State v. Dickey, 928 So. 2d 1193 (Fla. 2006). “*1203 § 806.13(1)(b)(2), Fla. Stat. (2005). Dickey could easily have believed he was pleading to the misdemeanor offense.”
Anderson v. State, 574 So. 2d 87 (Fla. 1991).
TBS v. State, 935 So. 2d 98 (Fla. 2d DCA 2006).
AD v. State, 866 So. 2d 752 (Fla. 2d DCA 2004).
SP v. State, 884 So. 2d 136 (Fla. 2d DCA 2004).
— 806.13(1)(b)(3) — 6 cases
State v. Dickey, 928 So. 2d 1193 (Fla. 2006). “*1203 § 806.13(1)(b)(2), Fla. Stat. (2005). Dickey could easily have believed he was pleading to the misdemeanor offense.”
Daniel v. State, 697 So. 2d 959 (Fla. 2d DCA 1997).
S.P. v. State, 884 So. 2d 136 (Fla. 2d DCA 2004).
SP v. State, 884 So. 2d 136 (Fla. 2d DCA 2004).
TBS v. State, 935 So. 2d 98 (Fla. 2d DCA 2006).
— 806.13(2) — 3 cases
Todd v. State, 643 So. 2d 625 (Fla. 1st DCA 1994). “ESTABLISHMENT CLAUSE Appellants challenge section 806.13, Florida Statutes (1991), and particularly that portion of the statute which makes it a felony to deface a place of worship, [1] asserting that it *628 violates the Establishment Clauses of both the state and federal…”
Freudenberger v. State, 940 So. 2d 551 (Fla. 2d DCA 2006).
L.J.G.-C. v. State, 127 So. 3d 720 (Fla. 2d DCA 2013).
— 806.13(2)(a) — 2 cases
Reed v. State, 470 So. 2d 1382 (Fla. 1985). “18 Florida Statutes (1973); and section 806.13, Florida Statutes (Supp. 1974).”
Antonacci v. State, 504 So. 2d 521 (Fla. 5th DCA 1987).
— 806.13(2)(b) — 1 case
R.D. v. State, 517 So. 2d 70 (Fla. 3d DCA 1987).
— 806.13(3) — 14 cases
Florida Bar: Amendment to Rules of Crim. Procedure, 451 So. 2d 824 (Fla. 1984).
Todd v. State, 643 So. 2d 625 (Fla. 1st DCA 1994). “ESTABLISHMENT CLAUSE Appellants challenge section 806.13, Florida Statutes (1991), and particularly that portion of the statute which makes it a felony to deface a place of worship, [1] asserting that it *628 violates the Establishment Clauses of both the state and federal…”
In re Rules of Crim. Procedure, 439 So. 2d 848 (Fla. 1983).
Florida Bar Re: Rules of Crim. Procedure, 482 So. 2d 311 (Fla. 1985).
Florida Rules of Crim. Procedure Re: Sentencing Guidelines, 522 So. 2d 374 (Fla. 1988).
— 806.13(5)(a) — 1 case
In Re Stand. Jury Instructions in Crim. Cases-Report No. 2010-02, 44 So. 3d 565 (Fla. 2010).
— 806.13(6) — 2 cases
State v. N.P., 913 So. 2d 1 (Fla. 2d DCA 2005). “, a juvenile, was found delinquent for having committed criminal mischief in violation of section 806.13, Florida Statutes (2003). She had participated in placing graffiti on bathroom doors and walls at John Hopkins Middle School.”
State v. NP, 913 So. 2d 1 (Fla. 2d DCA 2005).
— 806.13(6)(a) — 6 cases
State v. N.P., 913 So. 2d 1 (Fla. 2d DCA 2005). “, a juvenile, was found delinquent for having committed criminal mischief in violation of section 806.13, Florida Statutes (2003). She had participated in placing graffiti on bathroom doors and walls at John Hopkins Middle School.”
State v. NP, 913 So. 2d 1 (Fla. 2d DCA 2005).
State v. J.C., 916 So. 2d 847 (Fla. 2d DCA 2005).
M.A.R. v. State, 67 So. 3d 232 (Fla. 2d DCA 2010).
State v. JC, 916 So. 2d 847 (Fla. 2d DCA 2005).
— 806.13(6)(c) — 3 cases
Smith v. State, 933 So. 2d 723 (Fla. 2d DCA 2006).
State v. N.P., 913 So. 2d 1 (Fla. 2d DCA 2005). “, a juvenile, was found delinquent for having committed criminal mischief in violation of section 806.13, Florida Statutes (2003). She had participated in placing graffiti on bathroom doors and walls at John Hopkins Middle School.”
State v. NP, 913 So. 2d 1 (Fla. 2d DCA 2005).
— 806.13(7) — 3 cases
State v. N.P., 913 So. 2d 1 (Fla. 2d DCA 2005). “, a juvenile, was found delinquent for having committed criminal mischief in violation of section 806.13, Florida Statutes (2003). She had participated in placing graffiti on bathroom doors and walls at John Hopkins Middle School.”
State v. NP, 913 So. 2d 1 (Fla. 2d DCA 2005).
State v. D.S., 760 So. 2d 957 (Fla. 3d DCA 2000).
— 806.13(b) — 1 case
Fortune v. State, 513 So. 2d 762 (Fla. 2d DCA 1987).
— 806.13(l)(a) — 17 cases
Whittington v. Town of Surfside, 490 F. Supp. 2d 1239 (S.D. Fla. 2007). “In relevant part, Fla. Stat. 806.13 provides: (l)(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…”
A.D. v. State, 106 So. 3d 67 (Fla. 2d DCA 2013).
Stinnett v. State, 935 So. 2d 632 (Fla. 2d DCA 2006).
Morgan v. State, 198 So. 3d 812 (Fla. 2d DCA 2016).
M.H. v. State, 936 So. 2d 1 (Fla. 3d DCA 2006).
— 806.13(l)(b) — 26 cases
Marrero v. State, 71 So. 3d 881 (Fla. 2011). “13, Florida Statutes (2006), provides, in part: (l)(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…”
Perez v. State, 162 So. 3d 1139 (Fla. 2d DCA 2015). “The court looked at photos of the tables admitted into evidence and estimated that the tables, which were “a little nicer” than other end tables, were worth at least 0 each.”
S.L. v. State, 96 So. 3d 1080 (Fla. 3d DCA 2012).
B.J.M. v. State, 185 So. 3d 692 (Fla. 5th DCA 2016).
J.O.S. v. State, 689 So. 2d 1061 (Fla. 1997).
— 806.13(l)(b)(2) — 4 cases
Perez v. State, 162 So. 3d 1139 (Fla. 2d DCA 2015). “The court looked at photos of the tables admitted into evidence and estimated that the tables, which were “a little nicer” than other end tables, were worth at least 0 each.”
A.D. v. State, 866 So. 2d 752 (Fla. 2d DCA 2004).
T.B.S. v. State, 935 So. 2d 98 (Fla. 2d DCA 2006).
S.P. v. State, 884 So. 2d 136 (Fla. 2d DCA 2004).
— 806.13(l)(b)(3) — 4 cases
Perez v. State, 162 So. 3d 1139 (Fla. 2d DCA 2015). “The court looked at photos of the tables admitted into evidence and estimated that the tables, which were “a little nicer” than other end tables, were worth at least 0 each.”
S.P. v. State, 884 So. 2d 136 (Fla. 2d DCA 2004).
T.B.S. v. State, 935 So. 2d 98 (Fla. 2d DCA 2006).
A.D. v. State, 866 So. 2d 752 (Fla. 2d DCA 2004).
— 806.13(l)(b)(l) — 3 cases
Perez v. State, 162 So. 3d 1139 (Fla. 2d DCA 2015). “The court looked at photos of the tables admitted into evidence and estimated that the tables, which were “a little nicer” than other end tables, were worth at least 0 each.”
A.M. v. State, 958 So. 2d 461 (Fla. 2d DCA 2007).
L.J.G.-C. v. State, 127 So. 3d 720 (Fla. 2d DCA 2013).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.
§806.13(5)DAMAGE PROP-CRIM MISCHRENUMBERED. SEE REC # 10294
§806.13(5)DAMAGE PROP-CRIM MISCHDAMAGE PUBLIC PHONE/EQUIP OR MAKE INOPERATIVE
§806.13(6)DAMAGE PROP-CRIM MISCHRENUMBERED. SEE REC # 10295
§806.13(6)DAMAGE PROP-CRIM MISCHDAMAGE SEX VIOL PRED DETENTION/COMMITMENT FAC
§806.13(6b)DAMAGE PROP-CRIM MISCHRENUMBERED. SEE REC # 10296
§806.13(7)DAMAGE PROP-CRIM MISCHDISPLAY IMAGE ON BUILDING W/O OWNER CONSENT
§806.13(7b)DAMAGE PROP-CRIM MISCHDISPLAY CREDIBLE THREAT ON BUILDING
Civil Citations under F.S. 806.13
Driver's license points · R = revocation · S = suspension§806.13Criminal Mischief (under 18 years of age) [See 806.13(5)]
§806.13CRIMINAL MISCHIEF < 18 years of age)[See 806.13(5)](If court does not direct to suspend)