(1) A person is guilty of criminal mischief in the first degree when, having no right to
do so or any reasonable ground to believe that he or she has such right, he or she
intentionally or wantonly:
(a) Defaces, destroys, or damages any property causing pecuniary loss of five
hundred dollars ($500) or more;
(b) Damages, possesses, or tampers with the operations of a key infrastructure
asset, as defined in KRS 511.100, in a manner that renders the asset
inoperable, in whole or in part, or renders the operation of the asset harmful or
dangerous;
(c) As a tenant, intentionally or wantonly defaces, destroys, or damages
residential rental property causing pecuniary loss of five hundred dollars
($500) or more; or
(d) As a squatter, intentionally or wantonly defaces, destroys, or damages real
property causing pecuniary loss of five hundred dollars ($500) or more.
(2) Criminal mischief in the first degree is a Class D felony, unless:
(a) The offense occurs during a declared emergency as defined by KRS 39A.020
arising from a natural or man-made disaster, within the area covered by the
emergency declaration, and within the area impacted by the disaster, in which
case it is a Class C felony;
(b) For the first offense, if the defendant at any time prior to trial effects repair or
replacement of the defaced, destroyed, or damaged property, makes complete
restitution in the amount of the damage, or performs community service as
required by the court, in which case it is a Class B misdemeanor. The court
shall determine the number of hours of community service commensurate
with the total amount of monetary damage caused by or incidental to the
commission of the crime, of not less than sixty (60) hours; or
(c) For the second or subsequent offense, if the defendant at any time prior to trial
effects repair or replacement of the defaced, destroyed, or damaged property,
makes complete restitution in the amount of the damage, or performs
community service as required by the court, in which case it is a Class A
misdemeanor. The court shall determine the number of hours of community
service commensurate with the total amount of monetary damage caused by
or incidental to the commission of the crime, of not less than sixty (60) hours.
Effective: June 27, 2025
History: Amended 2025 Ky. Acts ch. 42, sec. 2, effective March 19, 2025; and ch. 63,
sec. 3, effective June 27, 2025. -- Amended 2024 Ky. Acts ch. 174, sec. 10, effective
July 15, 2024. -- Amended 2022 Ky. Acts ch. 151, sec. 9, effective July 14, 2022. --
Amended 2021 Ky. Acts ch. 164, sec. 2, effective June 29, 2021. -- Amended 2020
Ky. Acts ch. 12, sec. 2, effective July 15, 2020. -- Amended 1976 Ky. Acts ch. 183,
sec. 3. -- Created 1974 Ky. Acts ch. 406, sec. 106, effective January 1, 1975.
Legislative Research Commission Note (6/27/2025). This statute was amended by 2025
Ky. Acts ch. 42 and 63, which do not appear to be in conflict and have been codified
together.
Notes of Decisions
Cited in
32
cases (
13 in the last 5 years), 1992–2026 · leading case:
Terry v. Commonwealth, 253 S.W.3d 466 (Ky. 2008).
Terry v. Commonwealth, 253 S.W.3d 466 (Ky. 2008).
· cites it 10× “If this Court should announce a rule whereby the comments of a trial judge could be used to impeach the effect of a court's final judgment, the result would be the destruction of any certainty as to the effect of judgments and a state of chaos in judicial proceedings."). [1] No…”
Commonwealth v. Jones, 283 S.W.3d 665 (Ky. 2009).
· cites it 2× “At trial, the Commonwealth established that in 1995 Jones was convicted of first-degree criminal mischief, a class-D felony (KRS 512.020), and that in April 2003 he pawned a Ruger .”
Crain v. Commonwealth, 257 S.W.3d 924 (Ky. 2008).
· cites it 5× “The first claim presents the Court with two issues of first impression, namely what constitutes a “pecuniary loss” as used in the criminal mischief statutes (KRS 512.020, 512.030, and 512.040), and whether property damage that a defendant’s insurance company pays for should be…”
Parson v. Commonwealth, 144 S.W.3d 775 (Ky. 2004).
· cites it 2× “090(1) and (2)(c); criminal mischief in the first degree ("criminal mischief 1st"), a Class D felony, KRS 512.020; no motor vehicle liability insurance ("no insurance"), KRS 304.”
Graves v. Commonwealth, 17 S.W.3d 858 (Ky. 2000).
· cites it 2× “KRS 512.020. However, Graves's motion for a directed verdict was only on "all charges" and not specifically on the criminal mischief charge.”
Baumia v. Commonwealth, 402 S.W.3d 530 (Ky. 2013).
“” Under KRS 512.020, "[a] person is guilty of criminal mischief in the first degree when, having no right to do so or any reasonable ground to believe that he has such right, he intentionally or wantonly defaces, destroys or damages any property causing pecuniary loss of $1,000…”
Allen v. Commonwealth, 410 S.W.3d 125 (Ky. 2013).
“” KRS 512.020(1). . ”[A] person is guilty of theft by unlawful taking or disposition when he unlawfully: (a) Takes or exercises control over movable property of another with intent to deprive him thereof[.”
A.E. v. Commonwealth, 860 S.W.2d 790 (Ky. Ct. App. 1993).
· cites it 2× “030) to first-degree criminal mischief (KRS 512.020). The sole issue on review is whether it constituted error for the court to permit the amendment of two of the charges against the appellant to higher degrees of the criminal offense.”
Fagan v. Commonwealth, 374 S.W.3d 274 (Ky. 2012).
“[Fagan] took locomotive cable which was located on the VMV property and belonged to [First] Union, GATX, and NRE; B. That in doing so, he knew the locomotive cable was not his own; C.”
Burkhead v. Davis, 505 S.W.3d 784 (Ky. Ct. App. 2016).
“There are two possible criminal actions to which Burkhead’s conduct could be equated, criminal mischief in the first degree, KRS 512.020, a Class D felony, and falsely reporting an incident, KRS 519.”
Commonwealth of Kentucky v. Robert W. Brock (Ky. Ct. App. 2026).
· cites it 21× “Brock (“Brock”) on one count of criminal mischief in the first-degree, a class D felony, under KRS 512.020. The indictment stemmed from a criminal complaint against Brock alleging that in November 2020, he used a pellet gun to shoot at his sister and brother-in-law’s kitchen…”
Commonwealth of Kentucky v. Robert W. Brock (Ky. Ct. App. 2026).
· cites it 21× “Brock (“Brock”) on one count of criminal mischief in the first degree, a class D felony, under KRS 512.020. The indictment stemmed from a criminal complaint against Brock alleging that in November 2020, he used a pellet gun to shoot at his sister and brother-in-law’s kitchen…”
— Ky. Rev. Stat. § 512.020(1) — 8 cases
Terry v. Commonwealth, 253 S.W.3d 466 (Ky. 2008).
“If this Court should announce a rule whereby the comments of a trial judge could be used to impeach the effect of a court's final judgment, the result would be the destruction of any certainty as to the effect of judgments and a state of chaos in judicial proceedings."). [1] No…”
Allen v. Commonwealth, 410 S.W.3d 125 (Ky. 2013).
“” KRS 512.020(1). . ”[A] person is guilty of theft by unlawful taking or disposition when he unlawfully: (a) Takes or exercises control over movable property of another with intent to deprive him thereof[.”
Fagan v. Commonwealth, 374 S.W.3d 274 (Ky. 2012).
“[Fagan] took locomotive cable which was located on the VMV property and belonged to [First] Union, GATX, and NRE; B. That in doing so, he knew the locomotive cable was not his own; C.”
— Ky. Rev. Stat. § 512.020(1)(a) — 6 cases
Commonwealth of Kentucky v. Robert W. Brock (Ky. Ct. App. 2026).
“Brock (“Brock”) on one count of criminal mischief in the first-degree, a class D felony, under KRS 512.020. The indictment stemmed from a criminal complaint against Brock alleging that in November 2020, he used a pellet gun to shoot at his sister and brother-in-law’s kitchen…”
— Ky. Rev. Stat. § 512.020(2) — 5 cases
Terry v. Commonwealth, 253 S.W.3d 466 (Ky. 2008).
“If this Court should announce a rule whereby the comments of a trial judge could be used to impeach the effect of a court's final judgment, the result would be the destruction of any certainty as to the effect of judgments and a state of chaos in judicial proceedings."). [1] No…”
Commonwealth of Kentucky v. Robert W. Brock (Ky. Ct. App. 2026).
“Brock (“Brock”) on one count of criminal mischief in the first-degree, a class D felony, under KRS 512.020. The indictment stemmed from a criminal complaint against Brock alleging that in November 2020, he used a pellet gun to shoot at his sister and brother-in-law’s kitchen…”
Commonwealth of Kentucky v. Robert W. Brock (Ky. Ct. App. 2026).
“Brock (“Brock”) on one count of criminal mischief in the first degree, a class D felony, under KRS 512.020. The indictment stemmed from a criminal complaint against Brock alleging that in November 2020, he used a pellet gun to shoot at his sister and brother-in-law’s kitchen…”
— Ky. Rev. Stat. § 512.020(2)(b) — 2 cases
Commonwealth of Kentucky v. Robert W. Brock (Ky. Ct. App. 2026).
“Brock (“Brock”) on one count of criminal mischief in the first-degree, a class D felony, under KRS 512.020. The indictment stemmed from a criminal complaint against Brock alleging that in November 2020, he used a pellet gun to shoot at his sister and brother-in-law’s kitchen…”
Commonwealth of Kentucky v. Robert W. Brock (Ky. Ct. App. 2026).
“Brock (“Brock”) on one count of criminal mischief in the first degree, a class D felony, under KRS 512.020. The indictment stemmed from a criminal complaint against Brock alleging that in November 2020, he used a pellet gun to shoot at his sister and brother-in-law’s kitchen…”
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