Elements of Criminal Mischief in Louisiana
Louisiana criminal mischief law may be found under Louisiana Revised Statute 14:59 on the Louisiana State Legislature web site. When prosecuting someone for this offense, the State of Louisiana must prove beyond a reasonable doubt key elements that are outlined in the statute. Criminal mischief is different from Criminal Damage to Property because damage to property is not a requisite element of criminal mischief.
Criminal mischief is a misdemeanor offense in Louisiana which means any trial will be held before a judge rather than a jury. The crime may be prosecuted in either Louisiana state or parish and municipal courts.
Louisiana Criminal Mischief Law
A case involving criminal mischief in Louisiana requires to prosecutor to prove intent. In other words, the defendant intentionally performed one of the following acts.
(1) Tampering with any property of another.
(2) False Alarm of fire or any occurrence that would reasonably result in emergency response.
(3) Placing any tack, nail, spike or metal that is 1 1/2 inch in length into any tree located on land belonging to another, without the consent of the owner.
(4) The felling, topping, or pruning of trees or shrubs within the right-of-way of a state highway, without prior written approval of the chief engineer of the Department of Transportation and Development or his designated representative.
(5) Filing a false police report.
(6) Throwing any stone or any other missile in any street, avenue, alley, road, highway, open space, public square, or enclosure, or throwing any stone, missile, or other object from any place into any street, avenue, road, highway, alley, open space, public square, enclosure, or at any train, railway car, or locomotive.
(7) Taking temporary possession of any part of a place of business, or remaining in a place of business after the person in charge of such business or portion of such business has directed such person to leave the premises and to desist from the temporary possession of any part or parts of such business.
(8) The communication to any person for the purpose of disrupting any public utility water service, when the communication causes any officer, employee, or agent of the service reasonably to be placed in sustained fear for his or another person’s safety, or causes the evacuation of a water service building, or causes any discontinuance of any water services.
(9) The discharging of any firearm at a train, locomotive, or railway car.
Penalties for Criminal Mischief in Louisiana
Anyone convicted of criminal mischief in the State of Louisiana shall be fined not more than $500.00 dollars, or be imprisoned for not more than 6 months in the parish jail, or both. The severity of the penalty will depend on how much the victim was harmed in the case. The judge will require anyone convicted to this offense to pay restitution to the victim when applicable.
Disclaimer:
Laws and policies can change at any time rendering the above information outdated or non-applicable. We strongly encourage you to look at City, Parish, and State statutes for the most recent laws and to consult a Louisiana licensed attorney.