Indiana Code

Ind. Code § 35-43-1-2 (2026)

Criminal mischief; institutional criminal mischief; controlled substances criminal mischief

✓ current as of May 2026

Find cases: SyfertCases citing this section JustiaInd. Code CornellLII Search CasesGoogle Scholar

Sec. 2. (a) A person who recklessly, knowingly, or intentionally damages or defaces property of another person without the other person's consent commits criminal mischief, a Class B misdemeanor. However, the offense is:

(1) a Class A misdemeanor if the pecuniary loss is at least seven hundred fifty dollars ($750) but less than fifty thousand dollars ($50,000); and

(2) a Level 6 felony if:

(A) the pecuniary loss is at least fifty thousand dollars ($50,000);

(B) the damage causes a substantial interruption or impairment of utility service rendered to the public;

(D) the damage is to a law enforcement animal (as defined in IC 35-46-3-4.5); or

(E) the damage is to a component of an automatic building fire suppression system that is located in a penal facility.

(b) A person who recklessly, knowingly, or intentionally damages:

(1) a structure used for religious worship without the consent of the owner, possessor, or occupant of the property that is damaged;

(2) a school or community center without the consent of the owner, possessor, or occupant of the property that is damaged;

(3) the property of an agricultural operation (as defined in IC 32-30-6-1) without the consent of the owner, possessor, or occupant of the property that is damaged;

(4) the property of a scientific research facility (as defined in IC 35-31.5-2-287) without the consent of, or with consent which was fraudulently obtained from, the owner, possessor, or occupant of the property that is damaged;

(5) the grounds:

(A) adjacent to; and

(B) owned or rented in common with;

a structure or facility identified in subdivisions (1) through (4) without the consent of the owner, possessor, or occupant of the property that is damaged;

(6) personal property contained in a structure or located at a facility identified in subdivisions (1) through (4) without the consent of the owner, possessor, or occupant of the property that is damaged;

(7) property that is vacant real property (as defined in IC 36-7-36-5) or a vacant structure (as defined in IC 36-7-36-6); or

(8) property after the person has been denied entry to the property by a court order that was issued:

(A) to the person; or

(B) to the general public by conspicuous posting on or around the property in areas where a person could observe the order when the property has been designated by a municipality or county enforcement authority to be a vacant property, an abandoned property, or an abandoned structure (as defined in IC 36-7-36-1);

commits institutional criminal mischief, a Class A misdemeanor. However, the offense is a Level 6 felony if the pecuniary loss (or property damage, in the case of an agricultural operation or a scientific research facility) is at least seven hundred fifty dollars ($750) but less than fifty thousand dollars ($50,000), and a Level 5 felony if the pecuniary loss (or property damage, in the case of an agricultural operation or a scientific research facility) is at least fifty thousand dollars ($50,000).

(1) during the dealing or manufacture of or attempted dealing or manufacture of a controlled substance; and

(2) by means of a fire or an explosion;

commits controlled substances criminal mischief, a Level 6 felony. However, the offense is a Level 5 felony if the offense results in moderate bodily injury to any person other than a defendant.

(d) If a person is convicted of an offense under this section that involves the use of graffiti, the court may, in addition to any other penalty, order that the person's driver's license be suspended or invalidated by the bureau of motor vehicles for not more than one (1) year.

(e) The court may rescind an order for suspension or invalidation under subsection (d) and allow the person to receive a license or permit before the period of suspension or invalidation ends if the court determines that the person has removed or painted over the graffiti or has made other suitable restitution.

(f) For purposes of this section, "pecuniary loss" includes:

(1) the total costs incurred in inspecting, cleaning, and decontaminating property contaminated by a pollutant; and

(2) a reasonable estimate of all additional costs not already incurred under subdivision (1) that are necessary to inspect, clean, and decontaminate property contaminated by a pollutant, to the extent that the property has not already been:

(A) cleaned;

(B) decontaminated; or

The term includes inspection, cleaning, or decontamination conducted by a person certified under IC 16-19-3.1.

As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977, P.L.340, SEC.41; P.L.326-1983, SEC.1; P.L.319-1985, SEC.1; P.L.151-1989, SEC.11; P.L.180-1991, SEC.6; P.L.94-1996, SEC.5; P.L.213-1997, SEC.1; P.L.100-1999, SEC.2; P.L.108-2002, SEC.1; P.L.116-2002, SEC.24; P.L.123-2002, SEC.37; P.L.1-2003, SEC.95; P.L.140-2006, SEC.33 and P.L.173-2006, SEC.33; P.L.216-2007, SEC.48; P.L.158-2013, SEC.453; P.L.21-2014, SEC.2; P.L.76-2016, SEC.4; P.L.252-2017, SEC.12; P.L.111-2018, SEC.15; P.L.111-2021, SEC.104; P.L.79-2023, SEC.2; P.L.100-2024, SEC.1.

Notes of Decisions

Cited in 167 cases (2 in the last 5 years), 1980–2025 · leading case: Constance Anderson v. State of Indiana, 989 N.E.2d 823 (Ind. Ct. App. 2013).

Sort: Relevance Newest Treatment

Constance Anderson v. State of Indiana, 989 N.E.2d 823 (Ind. Ct. App. 2013). · cites it 4× “See Ind.Code § 35-43-1-2. Anderson was aware of the state of the property, as she went there to feed the cats.”

Right Reason Publications v. Silva, 691 N.E.2d 1347 (Ind. Ct. App. 1998). · cites it 8× “Ind.Code § 35-43-1-2(a)(2). A civil action under this statute is permitted by Indiana Code Section 34-4-30-1, which states that "[i]f a person suffers a pecuniary loss as a result of a violation of IC 35-43 .”

Perry v. State, 956 N.E.2d 41 (Ind. Ct. App. 2011). · cites it 4× “Criminal Mischief Indiana Code section 35-43-1-2(a)(1) provides that a person who, recklessly, knowingly, or intentionally damages or defaces property of another person without the other person’s consent commits criminal mischief.”

Otte v. State, 967 N.E.2d 540 (Ind. Ct. App. 2012). · cites it 4× “[3] Ind.Code § 35-43-1-2 (2010). [4] Ind.Code § 9-30-5-2 (2010).”

Am. Heritage Banco, Inc. v. McNaughton, 879 N.E.2d 1110 (Ind. Ct. App. 2008). · cites it 4× “Such conduct constitutes criminal mischief pursuant to Ind.Code § 35-43-1-2 and entitled FNBF to bring a civil action for treble damages pursuant to Ind.”

Goldsberry v. State, 821 N.E.2d 447 (Ind. Ct. App. 2005). · cites it 2× “However, the State dismissed those charges prior to trial. 8 . The State argues at great length that Indiana's sentencing scheme does not run afoul of Blakely.”

Cynthia Bell v. State of Indiana, 59 N.E.3d 959 (Ind. 2016). · cites it 2× “Bell argued that she 1 Ind. Code § 35-43-1-2 (a). 2 presented evidence that she had no extra money at the end of each month, and the State did not rebut this evidence.”

Allen v. Great Am. Reserve Ins. Co., 766 N.E.2d 1157 (Ind. 2002). · cites it 2× “Finally, in Count V the plaintiffs allege that the actions of GARCO and Guffey knowingly or intentionally caused the plaintiffs to suffer pecuniary loss by deception in violation of section 35-43-1-2(a)(2). Accepting these allegations as we must for summary judgment purposes, it…”

Mason v. State, 944 N.E.2d 68 (Ind. Ct. App. 2011). · cites it 4× “§ 35-44-3-3; Count VII, criminal mischief, a Class A misdemeanor, I.C. § 35-43-1-2; Count VIII, criminal mischief, a Class A misdemeanor, I.”

Lindsey v. DeGroot, 898 N.E.2d 1251 (Ind. Ct. App. 2009). · cites it 2× “Ind.Code § 35-43-1-2 (2003). “If a person suffers a pecuniary loss as a result of a violation of IC 35-43 .”

Landeen v. PhoneBILLit, Inc., 519 F. Supp. 2d 844 (S.D. Ind. 2007). · cites it 4× “See Ind.Code § 35-43-1-2 (stating that “[a] person who .”

Jones v. State, 775 N.E.2d 322 (Ind. Ct. App. 2002). · cites it 4× “" Ind.Code § 35-43-1-2(a)(1)(1998). [8] Because Jones failed to properly number the pages in his Appellant's Appendix, as required by Ind.”

Show all 167 citing cases →

— Ind. Code § 35-43-1-2(3)(a) — 1 case

Marvin Jose Maldonado v. State of Indiana (mem. dec.) (Ind. Ct. App. 2020).

— Ind. Code § 35-43-1-2(B) — 1 case

Julian v. State, 811 N.E.2d 392 (Ind. Ct. App. 2004).

— Ind. Code § 35-43-1-2(a) — 30 cases

Jennings v. State, 956 N.E.2d 203 (Ind. Ct. App. 2011).

Smith v. State, 114 N.E.3d 540 (Ind. Ct. App. 2018).

J.R.T. v. State, 783 N.E.2d 300 (Ind. Ct. App. 2003).

Medicus v. State, 664 N.E.2d 1163 (Ind. 1996).

JRT v. State, 783 N.E.2d 300 (Ind. Ct. App. 2003).

— Ind. Code § 35-43-1-2(a)(1) — 16 cases

Perry v. State, 956 N.E.2d 41 (Ind. Ct. App. 2011). “Criminal Mischief Indiana Code section 35-43-1-2(a)(1) provides that a person who, recklessly, knowingly, or intentionally damages or defaces property of another person without the other person’s consent commits criminal mischief.”

Balfour v. State, 779 N.E.2d 1211 (Ind. Ct. App. 2002).

Ash v. Chandler, 530 N.E.2d 303 (Ind. Ct. App. 1988).

Anthony J. Castleman v. State of Indiana (mem. dec.) (Ind. Ct. App. 2020).

Michael Kucholick v. State of Indiana (Ind. Ct. App. 2012).

— Ind. Code § 35-43-1-2(a)(1)(1998) — 3 cases

Jones v. State, 775 N.E.2d 322 (Ind. Ct. App. 2002). “" Ind.Code § 35-43-1-2(a)(1)(1998). [8] Because Jones failed to properly number the pages in his Appellant's Appendix, as required by Ind.”

Jones v. State, 774 N.E.2d 957 (Ind. Ct. App. 2002).

Jones v. State, 777 N.E.2d 1 (Ind. Ct. App. 2002).

— Ind. Code § 35-43-1-2(a)(1)(B) — 1 case

JRT v. State, 783 N.E.2d 300 (Ind. Ct. App. 2003).

— Ind. Code § 35-43-1-2(a)(1)(B)(i) — 1 case

— Ind. Code § 35-43-1-2(a)(2) — 4 cases

Allen v. Great Am. Reserve Ins. Co., 766 N.E.2d 1157 (Ind. 2002). “Finally, in Count V the plaintiffs allege that the actions of GARCO and Guffey knowingly or intentionally caused the plaintiffs to suffer pecuniary loss by deception in violation of section 35-43-1-2(a)(2). Accepting these allegations as we must for summary judgment purposes, it…”

Right Reason Publications v. Silva, 691 N.E.2d 1347 (Ind. Ct. App. 1998). “Ind.Code § 35-43-1-2(a)(2). A civil action under this statute is permitted by Indiana Code Section 34-4-30-1, which states that "[i]f a person suffers a pecuniary loss as a result of a violation of IC 35-43 .”

Jackson v. Russell, 498 N.E.2d 22 (Ind. Ct. App. 1986).

Cecil Koger & Koger's, Inc. v. T&C, Inc., d/b/a I-70 Wrecker Serv. (Ind. Ct. App. 2014).

— Ind. Code § 35-43-1-2(a)(2)(A) — 1 case

Brandon Scroggin v. State of Indiana (Ind. Ct. App. 2014).

— Ind. Code § 35-43-1-2(a)(2)(A)(i) — 1 case

Artrece D. Patterson v. State of Indiana (Ind. Ct. App. 2012).

— Ind. Code § 35-43-1-2(a)(l) — 1 case

Jones v. State, 775 N.E.2d 322 (Ind. Ct. App. 2002). “" Ind.Code § 35-43-1-2(a)(1)(1998). [8] Because Jones failed to properly number the pages in his Appellant's Appendix, as required by Ind.”

— Ind. Code § 35-43-1-2(a)(l)(1998) — 2 cases

Jones v. State, 774 N.E.2d 957 (Ind. Ct. App. 2002).

Jones v. State, 777 N.E.2d 1 (Ind. Ct. App. 2002).

— Ind. Code § 35-43-1-2(b) — 1 case

In Re Jlt, 712 N.E.2d 7 (Ind. Ct. App. 1999).

— Ind. Code § 35-43-1-2(b)(2) — 1 case

Hoeppner v. State, 918 N.E.2d 695 (Ind. Ct. App. 2009).

— Ind. Code § 35-43-1-2(b)(5) — 1 case

— Ind. Code § 35-43-1-2(b)(8) — 1 case

Bd. of Trs. Hamilton v. Landry, 638 N.E.2d 1261 (Ind. Ct. App. 1994).

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.