2010 Pennsylvania Code
Chapter 33 - Arson, Criminal Mischief and Other Property Destruction
3304 - Criminal mischief.

     § 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
            (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
        (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
     (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 of 1994 in the
     appendix to this title for special provisions relating to
     legislative findings and declarations.
        Cross References.  Section 3304 is referred to in section
     3311 of this title; sections 3573, 9720 of Title 42 (Judiciary
     and Judicial Procedure).

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