RSA 634:2 Criminal Mischief

• Library: New Hampshire Statutes
• Edition: 2023
• Currency: Current through 2023 Legislative Session
• Year: 2023
• Citation: RSA 634:2

I. A person is guilty of criminal mischief who, having no right to do so nor any reasonable basis for belief of having such a right, purposely or recklessly damages the property of another, or who causes permanent or temporary damage to public property including vandalism, defacement, destruction, tampering with, or any other unauthorized alteration to public property.

II.Criminal mischief is a class B felony if the actor purposely causes or attempts to cause:

(a) Pecuniary loss in excess of $1,500; or

(b) A substantial interruption or impairment of public communication, transportation, supply of water, gas, or power, or other public service; or

(c) Discharge of a firearm at an occupied structure, as defined in RSA 635:1, III; or

(d) Damage to private or public property, real or personal, when the actor knows that the property has historical, cultural, or sentimental value that cannot be restored by repair or replacement.

II-a.Criminal mischief is a class A misdemeanor if the actor purposely causes or attempts to cause pecuniary loss in excess of $100 and not more than $1,500.

III.All other criminal mischief is a misdemeanor.

IV.As used in this section, "property'' has the same meaning as in RSA 637:2, I; "property of another'' has the same meaning as in RSA 637:2, IV.

IV-a. As used in this section, "public property" means any property that is not privately owned, including state or municipal property, or statues, monuments, or natural geological formations, sites, or rock surfaces located on public property that have been designated by the state or one of its political subdivisions or the federal government as a natural area or landmark.

V.For purposes of determining pecuniary loss under subparagraph II(a), amounts involved in acts committed pursuant to one scheme or course of conduct participated in by the actor may be aggregated in determining the grade of the offense.

VI. Any person who is found guilty of criminal mischief under paragraph III of this section because he or she has vandalized, defaced, [or] destroyed [any part of state or municipal property, or any natural geological formation, site, or rock surface located on public property that has been designated by the state or any of its political subdivisions or the federal government as a natural area or landmark], tampered with, or made any other unauthorized alteration, whether permanent or temporary, on public property, shall be guilty of a [class A misdemeanor] violation and shall also make restitution for any damage he or she has caused.