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Malicious mischief in the third degree - Domestic Violence

Malicious Mischief in the third degree - Domestic Violence.

(1) A person is guilty of malicious mischief in the third degree if he or she:

     (a) Knowingly and maliciously causes physical damage to the property of another, under circumstances not amounting to malicious mischief in the first or second degree; or

     (b) Writes, paints, or draws any inscription, figure, or mark of any type on any public or private building or other structure or any real or personal property owned by any other person unless the person has obtained the express permission of the owner or operator of the property, under circumstances not amounting to malicious mischief in the first or second degree.

     (2) Malicious mischief in the third degree is a gross misdemeanor.

What does "Malicious Mischief" mean?

Malicious Mischief can be charged as a crime of domestic violence. Although most people associate the assault of another person with domestic violence, Malicious Mischief can also be a domestic violence charge. This charge is generally used when a charge of assault cannot be proved or supported. Instead, malicious mischief is generally associated with the destruction of property.

This can often happen when people are under the influence of alcohol or drugs. It should be noted that in order to prove the crime of Malicious Mischief 3rd degree that the prosecutor must prove that the property belongs to another person and not to the person accused of the crime. This can be a difficult element of the crime to prove.


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