(1) A person is guilty of criminal mischief in the second degree when, having no right
to do so or any reasonable ground to believe that he or she has such right, he or she:
(a) Intentionally or wantonly defaces, destroys, or damages any property causing
pecuniary loss of less than five hundred dollars ($500);
(b) As a tenant, intentionally or wantonly defaces, destroys, or damages
residential rental property causing pecuniary loss of less than five hundred
dollars ($500); or
(c) As a squatter, intentionally or wantonly defaces, destroys, or damages real
property causing a pecuniary loss of less than five hundred dollars ($500).
(2) Criminal mischief in the second degree is a Class A misdemeanor, 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 D felony; or
(b) 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 fifteen (15) hours.
Effective: June 27, 2025
History: Amended 2025 Ky. Acts ch. 63, sec. 4, effective June 27, 2025. -- Amended
2024 Ky. Acts ch. 174, sec. 11, effective July 15, 2024. -- Amended 2022 Ky. Acts
ch. 151, sec. 10, effective July 14, 2022. -- Amended 2021 Ky. Acts ch. 164, sec. 3,
effective June 29, 2021. -- Created 1974 Ky. Acts ch. 406, sec. 107, effective
January 1, 1975.
Notes of Decisions
Cited in
14
cases (
7 in the last 5 years), 1993–2026 · leading case:
Terry v. Commonwealth, 253 S.W.3d 466 (Ky. 2008).
Terry v. Commonwealth, 253 S.W.3d 466 (Ky. 2008).
· cites it 2× “[1] No issue was raised on appeal regarding this fact. [2] The only difference between the three degrees of criminal mischief is the amount of damage to the property.”
R.S. v. Commonwealth, 423 S.W.3d 178 (Ky. 2014).
“KRS 512.030. . KRS 502.020(2) requires proof that a defendant: (a) Solicited] or engag[ed] in a conspiracy with another person to engage in the conduct causing such result; or (b) Aid[ed], counseled], or attempted] to aid another person in planning, or engaging in the conduct…”
A.E. v. Commonwealth, 860 S.W.2d 790 (Ky. Ct. App. 1993).
· cites it 2× “030), and one charge of second-degree criminal mischief (KRS 512.030) to first-degree criminal mischief (KRS 512.”
Crain v. Commonwealth, 257 S.W.3d 924 (Ky. 2008).
“Second-degree criminal mischief requires a pecuniary loss of only $500, KRS 512.030, and third-degree criminal mischief has no required amount of pecuniary loss.”
David Smith v. Commonwealth of Kentucky (Ky. Ct. App. 2022).
“2 KRS 512.030. -2- license would be suspended for a year once he pleaded guilty and that he would have to undergo weekly drug testing as part of his probation.”
Emerson Kilburn v. Commonwealth of Kentucky (Ky. Ct. App. 2025).
“) 3 KRS 512.030, a Class A misdemeanor. The indictment alleges Kilburn “busted a window and damage[d] the underpinning to a trailer owned by Daryl Riddle.”
Jesse Ooten v. Commonwealth of Kentucky (Ky. 2025).
“At the time of Ooten’s trial, KRS 512.030, which has since been amended, read as follows: (1) A person is guilty of criminal mischief in the second degree when, having no right to do so or any reasonable ground to believe that he or she has such right, he or she: (a)…”
Commonwealth of Kentucky v. Robert W. Brock (Ky. Ct. App. 2026).
“1 This charge was initially brought in Powell District Court in November 2020 as a misdemeanor for criminal mischief in the second-degree under KRS 512.030. The matter was set for jury trial twice, but the case was dismissed without prejudice in October 2022.”
Commonwealth of Kentucky v. Robert W. Brock (Ky. Ct. App. 2026).
“020(2)(b),2 which maintained first- degree criminal mischief class D felony status “unless” a defendant provided full 1 This charge was initially brought in Powell District Court in November 2020 as a misdemeanor for criminal mischief in the second degree under KRS 512.030. The…”
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