§ 3304. Criminal mischief.
(a) Offense defined.--A person is guilty of criminal mischief if he:
(1) damages tangible property of another intentionally, recklessly, or by negligence in
the employment of fire, explosives, or other dangerous means listed in section 3302(a)
of this title (relating to causing or risking catastrophe);
(2) intentionally or recklessly tampers with tangible property of another so as to endanger
person or property;
(3) intentionally or recklessly causes another to suffer pecuniary loss by deception or
threat;
(4) intentionally defaces or otherwise damages tangible public property or tangible property
of another with graffiti by use of any aerosol spray-paint can, broad-tipped indelible
marker or similar marking device;
(5) intentionally damages real or personal property of another; or
(6) intentionally defaces personal, private or public property by discharging a paintball
gun or paintball marker at that property.
(b) Grading.--Criminal mischief is a felony of the third degree if the actor intentionally causes
pecuniary loss in excess of $5,000, or a substantial interruption or impairment of
public communication, transportation, supply of water, gas or power, or other public
service. It is a misdemeanor of the second degree if the actor intentionally causes
pecuniary loss in excess of $1,000, or a misdemeanor of the third degree if he intentionally
or recklessly causes pecuniary loss in excess of $500 or causes a loss in excess of
$150 for a violation of subsection (a)(4). Otherwise criminal mischief is a summary
offense.
(c) Definition.--As used in this section, the term "graffiti" means an unauthorized inscription, word,
figure, mark or design which is written, marked, etched, scratched, drawn or painted.
(Apr. 21, 1994, P.L.131, No.17, eff. 60 days; Dec. 20, 1996, P.L.1522, No.198, eff.
60 days; Oct. 2, 2002, P.L.806, No.116, eff. imd.; Dec. 22, 2005, P.L.449, No.85,
eff. 60 days)
2005 Amendment. Act 85 amended subsec. (a).
2002 Amendment. Act 116 amended subsec. (a) and added subsec. (c).
1996 Amendment. Act 198 amended subsec. (b).
1994 Amendment. See the preamble to Act 17 in the appendix to this title for special provisions relating
to legislative findings and declarations.
Cross References. Section 3304 is referred to in sections 3311, 9122.1 of this title; sections 3573,
9720 of Title 42 (Judiciary and Judicial Procedure).
Notes of Decisions
Cited in
184
cases (
31 in the last 5 years), 1974–2026 · leading case:
Commonwealth v. Weir, 201 A.3d 163 (Pa. Super. Ct. 2018).
Commonwealth v. Weir, 201 A.3d 163 (Pa. Super. Ct. 2018).
· cites it 3× “" 18 Pa.C.S. § 3304(a)(5). Mr. Korimko testified that Appellant punched his motorcycle, causing damage.”
Com. v. Edwards, M., 229 A.3d 298, 2020 PA Super 37 (Pa. Super. Ct. 2020).
· cites it 3× “]” 18 Pa.C.S. §§ 3304(a)(2), (a)(5) (emphasis added).”
Com. v. Sulpizio, A., 281 A.3d 352, 2022 PA Super 143 (Pa. Super. Ct. 2022).
· cites it 6× “1 18 Pa.C.S. § 3304(a)(5). J-S24045-22 recognized Sulpizio because he had previously interacted with him during his work at AWC.”
Com. v. Kearney, T., 225 A.3d 590, 2019 PA Super 364 (Pa. Super. Ct. 2019).
· cites it 4× “On appeal, Appellant contends the court erred in sua sponte amending the grading of the charge of the offense from a felony of the third degree, involving at least $5,000 in pecuniary loss, to a misdemeanor of the third degree, requiring at least $500 in pecuniary loss, at the…”
Commonwealth v. Giulian v. Aplt., 141 A.3d 1262 (Pa. 2016).
“Appellant was then arrested on September 27, 1998, and pleaded guilty to the summary offense of criminal mischief, 18 Pa.C.S. § 3304. Appellant has had no arrests since September 27,1998.”
Commonwealth v. Veon, 150 A.3d 435 (Pa. 2016).
“, 18 Pa.C.S. §§ 3304 (grading criminal mischief by monetary damage thresholds), 3307 (same, institutional vandalism), 3309 (same, agricultural vandalism); see also 18 Pa.”
Commonwealth v. Knoble, 188 A.3d 1199 (Pa. Super. Ct. 2018).
“§ 6105(a)(1) ; 18 Pa.C.S. § 3304(a)(1) ; and 18 Pa.C.S. § 3928(a), respectively.”
Commonwealth v. McNeal, 120 A.3d 313 (Pa. Super. Ct. 2015).
· cites it 2× “§ 3503, criminal mischief, 18 Pa.C.S. § 3304, and criminal attempt — theft, 18 Pa.”
Commonwealth v. Berrigan, 472 A.2d 1099 (Pa. 1984).
· cites it 4× “[2] 18 Pa.C.S. § 3304. [3] 18 Pa.C.S. § 903. [4] Appellants argue that the property damage assessment was too high because it did not include the salvageable value of the damaged missile shell.”
Commonwealth v. Marrero, 914 A.2d 870 (Pa. Super. Ct. 2006).
· cites it 2× “18 Pa. Cons.Stat. Ann. § 3921(a). 2 . 18 Pa.”
Commonwealth v. Berrigan, 501 A.2d 226 (Pa. 1985).
· cites it 2× “[2] 18 Pa.C.S. § 3304. [3] 18 Pa.C.S. § 903. [4] 18 Pa.”
18 Pa. Cons. Stat. § 3304(5): 1 case
18 Pa. Cons. Stat. § 3304(A): 1 case
18 Pa. Cons. Stat. § 3304(A)(2): 1 case
18 Pa. Cons. Stat. § 3304(A)(5): 1 case
18 Pa. Cons. Stat. § 3304(A4): 1 case
18 Pa. Cons. Stat. § 3304(a): 12 cases
18 Pa. Cons. Stat. § 3304(a)(1): 21 cases
Commonwealth v. Knoble, 188 A.3d 1199 (Pa. Super. Ct. 2018).
“§ 6105(a)(1) ; 18 Pa.C.S. § 3304(a)(1) ; and 18 Pa.C.S. § 3928(a), respectively.”
18 Pa. Cons. Stat. § 3304(a)(2): 26 cases
Com. v. Edwards, M., 229 A.3d 298, 2020 PA Super 37 (Pa. Super. Ct. 2020).
“]” 18 Pa.C.S. §§ 3304(a)(2), (a)(5) (emphasis added).”
Com. v. Kearney, T., 225 A.3d 590, 2019 PA Super 364 (Pa. Super. Ct. 2019).
“On appeal, Appellant contends the court erred in sua sponte amending the grading of the charge of the offense from a felony of the third degree, involving at least $5,000 in pecuniary loss, to a misdemeanor of the third degree, requiring at least $500 in pecuniary loss, at the…”
18 Pa. Cons. Stat. § 3304(a)(3): 3 cases
Shelton v. Gure, No. 3:19-cv-00843, 2021 WL 2210989 (M.D. Pa. June 1, 2021).
18 Pa. Cons. Stat. § 3304(a)(4): 8 cases
18 Pa. Cons. Stat. § 3304(a)(5): 49 cases
Commonwealth v. Weir, 201 A.3d 163 (Pa. Super. Ct. 2018).
“" 18 Pa.C.S. § 3304(a)(5). Mr. Korimko testified that Appellant punched his motorcycle, causing damage.”
Com. v. Sulpizio, A., 281 A.3d 352, 2022 PA Super 143 (Pa. Super. Ct. 2022).
“1 18 Pa.C.S. § 3304(a)(5). J-S24045-22 recognized Sulpizio because he had previously interacted with him during his work at AWC.”
Com. v. Edwards, M., 229 A.3d 298, 2020 PA Super 37 (Pa. Super. Ct. 2020).
“]” 18 Pa.C.S. §§ 3304(a)(2), (a)(5) (emphasis added).”
18 Pa. Cons. Stat. § 3304(a)(l): 5 cases
18 Pa. Cons. Stat. § 3304(b): 20 cases
Com. v. Sulpizio, A., 281 A.3d 352, 2022 PA Super 143 (Pa. Super. Ct. 2022).
“1 18 Pa.C.S. § 3304(a)(5). J-S24045-22 recognized Sulpizio because he had previously interacted with him during his work at AWC.”
Commonwealth v. McNeal, 120 A.3d 313 (Pa. Super. Ct. 2015).
“§ 3503, criminal mischief, 18 Pa.C.S. § 3304, and criminal attempt — theft, 18 Pa.”
Com. v. Kearney, T., 225 A.3d 590, 2019 PA Super 364 (Pa. Super. Ct. 2019).
“On appeal, Appellant contends the court erred in sua sponte amending the grading of the charge of the offense from a felony of the third degree, involving at least $5,000 in pecuniary loss, to a misdemeanor of the third degree, requiring at least $500 in pecuniary loss, at the…”
18 Pa. Cons. Stat. § 3304(x)(5): 1 case
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