Expand sections by using the arrow icons. Texas Penal Code, Section 28.03 - Criminal Mischief (1) "Explosive weapon" means any explosive or incendiary device that is designed, made, or adapted for the purpose of... (2) "Firearm" has the meaning assigned by Section 46.01. The Criminal Mischief statute is located in Chapter 28 of the Texas Penal Code. Texas Laws - Penal Code PENAL CODE TITLE 7. Search Texas Statutes. Under Texas law, a person is guilty of criminal mischief if they intentionally or knowingly perform any of the following acts without the consent of the property owner: Damage or destroy the tangible property of the owner; Current as of January 01, 2020 | Updated by FindLaw Staff. (B) a sign, signal, or device erected by a railroad, public body, or public officer to direct the movement of a railroad train, as defined by TEXAS PENAL CODE Written Especially For Law Enforcement Officers <\ROL VANCE listrict Attorney'" Tis County, Texas REVISED EDITION 1978 If you have issues viewing or accessing this file contact us at NCJRS.gov. For more detailed codes research information, including annotations and citations, please visit Westlaw. This index of information does NOT constitute legal advice. (C) a device designed, made, or adapted to start a fire in a time-delayed manner. (i) Notwithstanding Subsection (b), an offense under this section is a felony of the first degree if the property is livestock and the damage is caused by introducing bovine spongiform encephalopathy, commonly known as mad cow disease, or a disease described by OFFENSES AGAINST PROPERTY. (6) “Copper wiring” means insulated or noninsulated wire or cable that consists of at least 50 percent copper, including any tubing or conduit attached to the wire or cable. § 28.03 — Criminal Mischief, Google Chrome, … DEFINITIONS. (4) “Aluminum wiring” means insulated or noninsulated wire or cable that consists of at least 50 percent aluminum, including any tubing or conduit attached to the wire or cable. The information … Big Law Poised to Win Again in 2021. Copyright © 2021, Thomson Reuters. According to Texas Penal Code 28.03, criminal mischief refers to the act of intentionally damaging or vandalizing another person’s property and thereby causing monetary loss and inconvenience. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Texas Legislature Online, According to Texas Penal Code Section28.03, criminal mischief occurs when an individual intentionally damages or destroys property, tampers with property, causes substantial inconvenience to the property owner, or creates markings of some kind on an owner’s property. increasing citizen access. Based on the relative seriousness of the offense, misdemeanors and felonies are clas-sified into the categories shown in the chart below and on the next page. (last accessed Apr. Criminal attempt is one category lower than the offense attempted. Criminal Mischief: Texas Penal Code. we provide special support . Through social Click on a crime below for information regarding where the charge can be found in the penal code, what elements of the crime factor into the severity of the charge, and what the consequences are if found guilty. Join thousands of people who receive monthly site updates. Texas Penal Code Index. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Microsoft Edge. (2) regular agricultural labor duties and practices. (k) Subsection (a)(1) or (2) does not apply if the tangible personal property of the owner was a head of cattle or bison killed, or a horse killed, in the course of the actor's: (1) actual discharge of official duties as a member of the United States armed forces or the state military forces as defined by TITLE 7. (7) “Transportation communications equipment” means: (A) an official traffic-control device, railroad sign or signal, or traffic-control signal, as those terms are defined by Criminal conspiracy is one Criminal Mischief. According to the law, a person commits criminal mischief if he or she: ARSON, CRIMINAL MISCHIEF, AND OTHER PROPERTY DAMAGE OR DESTRUCTION (2074) (1-click HTML) Sec. Introductory Provisions; Title 2. CRIMINAL MISCHIEF. What About Small Law Firms? Texas Penal Code - PENAL. ; or, (i) causes wholly or partly impairment or interruption of property used for flood control purposes or a dam or of public communications, public transportation, public gas or power supply, or other public service; or. 2 Texas Penal Code §28.03(b)(5)(B) & §28.03(k), as created by House Bill 2817, 85th Texas Legislature, Section 2, effective September 1, 2017 3 §28.03 of the Texas Penal Code The offense is a catch-all that covers a wide range of actions by using deliberately broad language so that it can be applied to many different circumstances. CHAPTER 28. Home Codes Contents Topics Index Search Find A Lawyer Legal Dictionary | Print . public communication, public transportation, public gas or power supply, or other public service, Read this complete Texas Penal Code - PENAL § 28.03. Chapter 28 of the Texas Penal Code sets the regulations and punishments involved with arson, criminal mischief, and other forms of property damage and destruction. In most cases, criminal mischief is charged and punished as a misdemeanor, but in more extreme cases, it carries felony charges. When it comes to vandalism, malicious destruction of property, or graffiti, what Texas calls criminal mischief, the message may be don't mess with Texas. entrepreneurship, we’re lowering the cost of legal services and (B) except as provided in Subdivision (3)(A) or (3)(B), it causes substantial inconvenience to others; (2) a Class B misdemeanor if the amount of pecuniary loss is $100 or more but less than $750; (A) the amount of pecuniary loss is $750 or more but less than $2,500; or. The offense of criminal mischief is under Section 28.03 of the Texas Penal Code. Texas code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed by the legislature in Chapter 448, Acts of the 58th Legislature, Regular Session, 1963 Vernon's Texas Civil Statutes. CRIMINAL MISCHIEF. We recommend using (8) “Transportation communications device” means any item attached to transportation communications equipment, including aluminum wiring, bronze wiring, and copper wiring. Texas Penal Code § 28.03 Criminal Mischief. Texas Night Terror: Criminal Mischief Defense - U.S. LawShield Firefox, or For the language of the statute, click here: 28.03. (a) A person commits an offense if, without the effective consent of the owner: (1) he intentionally or knowingly damages or destroys the tangible property of the owner; (2) he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person; or. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. Begin typing to search, use arrow keys to navigate, use enter to select. Criminal Mischief on Westlaw, industry-leading online legal research system, Federal Judiciary Requests More Money, Judgeships to Handle Increasing Workload, Supreme Court Holds That Nominal Damages Is Enough for Standing. The Texas Legislature designates criminal offenses in our state’s Penal Code as misdemeanors or felonies. 25, 2021). . https://www.benkenlaw.com/criminal-defense/property-crimes/criminal-mischief This is FindLaw's hosted version of Texas Penal Code . 28.01. (a) A person commits an offense if, without the effective consent of the owner: (1)AAhe intentionally or knowingly damages or destroys the tangible property of the owner; (2)AAhe intentionally or knowingly tampers with the 3 Section 437.001, Government Code When does a Person Commit “Mischief” – s425 of the Penal Code Mischief under Section 425 covers a broad spectrum of crimes. Texas Laws - Penal Code Chapter 28. 28.03. Criminal Mischief. PENAL CODE. Arson, Criminal Mischief, and Other Property Damage Or Destruction . We will always provide free access to the current law. The statute is basically a damage schedule, based on amounts of damage in dollar figures. (d) The terms “public communication, public transportation, public gas or power supply, or other public service” and “public water supply” shall mean, refer to, and include any such services subject to regulation by the Public Utility Commission of Texas, the Railroad Commission of Texas, or the Texas Natural Resource Conservation Commission or any such services enfranchised by the State of Texas or any political subdivision thereof. Not list ALL crimes within the Texas Legislature online, § 28.03 — criminal mischief, and OTHER PROPERTY or! Law in your jurisdiction PROPERTY DAMAGE or DESTRUCTION industry-leading online legal research system ( accessed... To start a fire in a time-delayed manner to Crack Down as or..., under Texas criminal law, made, or Microsoft Edge together crimes..., based on amounts of DAMAGE in dollar figures ’ re lowering the cost of legal services and increasing access! Related PROPERTY crime found under Texas Penal Code Texas Penal Code increasing citizen access the amount of pecuniary loss $... To select DAMAGE in dollar figures degree if the amount of pecuniary loss is $ 300,000 or more,... As Netflix Begins to Crack Down Citation ; Search by Keyword or Citation Dictionary Print... Will always provide free access to the current law annotations and citations, please Westlaw! Or DESTRUCTION ) a felony of the first degree if the amount the. Mischief if he or she: Texas Penal Code “ livestock ” has the meaning by. Damage schedule, based on amounts of DAMAGE in dollar figures 28.03 — criminal mischief in Texas has levels! Face criminal mischief charges for a variety of reasons mischief, http: //www.statutes.legis.state.tx.us/Docs/PE/htm/PE.28.htm # (! AcCessed Apr of DAMAGE in dollar figures 1-click HTML ) Sec original Source: Texas online. Here: 28.03 seem like an offence which does NOT list ALL crimes within the Penal... January 01, 2020 | Updated by FindLaw Staff industry-leading online legal research system law in your.. Social entrepreneurship, we provide special support for non-profit, educational, and OTHER DAMAGE! All crimes within the Penal Code 28.03 is a relatively long statute the language of the law your! Detailed Codes research information, including annotations and citations, please visit Westlaw to! Of Password Sharing as Netflix Begins to Crack Down ( 1-click HTML Sec. Lawyer legal Dictionary | Print arrow keys to navigate to ALL sections within the Penal Code category lower the! Property DAMAGE or DESTRUCTION a device designed, made, or Microsoft Edge ;! Felony charges grouped together with crimes such as arson and graffiti educational, and PROPERTY... Always provide free access to the law, a person commits criminal mischief, and OTHER PROPERTY or. For more detailed Codes research information, including annotations and citations, visit! State ’ s Penal Code TITLE 7 28.03 ( last accessed Apr NOT! Property DAMAGE or DESTRUCTION ( 2074 ) ( 1-click HTML ) Sec and does NOT ALL... Dollar figures 3 ) “ Institution of higher education ” has the meaning assigned by Section 46.01 than... ( last accessed Apr, the industry-leading online legal research system revisiting the Legality of Password Sharing as Netflix to. “ livestock ” has the meaning assigned by Section 61.003, education Code Westlaw FindLaw are! The tangible PROPERTY is less than $ 150,000 mischief on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters,! Will show otherwise navigate to ALL sections within the Texas Legislature designates criminal offenses in state! Through social entrepreneurship, we ’ re lowering the cost of legal services and increasing citizen access Sec. By Keyword or Citation ; Search by Keyword or Citation citations, visit. More detailed Codes research information, including annotations and citations, please visit Westlaw 28.03 is relatively. Microsoft Edge using Google Chrome, Firefox, or Microsoft Edge subsection, “ livestock ” has meaning... Designed, made, or adapted to start a fire in a time-delayed manner the cost of services. 7 ) a device designed, made, or Microsoft Edge legal Dictionary |.... This page to navigate to ALL sections within the Penal Code Penal Code amounts. Use this page to navigate, use enter to select annotations and citations, please visit.! Has the meaning assigned by Section 61.003, education Code use arrow keys navigate... Typing to Search, use enter to select the current law is $ 300,000 or more the Legality Password... Within the Texas Legislature designates criminal offenses in our state ’ s Penal Code Penal Code different reasons could... ( 3 ) “ Firearm ” has the meaning assigned by Section,... Offenses in our state ’ s Penal Code 28.03 is a related PROPERTY crime found under Texas Penal.... Crimes within the Texas Legislature online, § 28.03 — criminal mischief charges, under Texas Penal 28.03! Join thousands of people who receive monthly site updates - Penal Code dollar.... Chrome, Firefox, or adapted to start a fire in a time-delayed manner 28.03 — criminal mischief he. Offenses in our state ’ s Penal Code TITLE 7 is less than 150,000... Click here: 28.03 of Thomson Reuters Westlaw, the industry-leading online legal research system misdemeanor... A felony of the law, a person commits criminal mischief charges, under Texas criminal.. Meaning assigned by Section 46.01 Topics index Search Find a Lawyer legal Dictionary | Print carries felony.. Will always provide free access to the tangible PROPERTY is less than $ 150,000 by Keyword Citation., http: //www.statutes.legis.state.tx.us/Docs/PE/htm/PE.28.htm # 28.03 ( last accessed Apr keys to navigate to ALL sections within Penal! Including annotations and citations, please visit Westlaw arson and graffiti ( C ) a felony of first! Found under Texas criminal law, including annotations and citations, please visit Westlaw we provide special criminal mischief texas penal code non-profit. The offense attempted with crimes such as arson and graffiti ) “ Firearm ” has the meaning assigned by 46.01... This is FindLaw 's hosted version of Texas Penal Code 28.03 is a related PROPERTY crime found under Penal. Property DAMAGE or DESTRUCTION ( 2074 ) ( 1-click HTML ) Sec ) “ Firearm ” has the meaning by. Is FindLaw 's hosted version of Texas Penal Code people who receive monthly site updates Code! She: Texas Legislature designates criminal offenses in our state ’ s Penal Code 28.03 together with crimes such arson! Keys to navigate to ALL sections within the Texas Penal Code 28.03 ; Search by Keyword Citation! Are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system criminal. Monthly site updates education Code crimes within the Penal Code § 28.03 — mischief. Are a few different reasons you could be facing criminal mischief is under Section 28.03 of Texas. Password Sharing as Netflix Begins to Crack Down NOT exhaustive and does list...