§ 811 — Criminal mischief; classification of crime; defense

Delaware § 811

• Jurisdiction: Delaware
• Title: 11
• Part: Delaware Criminal Code
• Ch. 5: SPECIFIC OFFENSES
• Subch.: Offenses Involving Property

Text

(a) A person is guilty of criminal mischief when the person intentionally or recklessly:

(1) Damages tangible property of another person; or

(2) Tampers with tangible property of another person so as to endanger person or property; or

(3) Tampers or makes connection with tangible property of a gas, electric, steam or waterworks corporation, telegraph or telephone corporation or other public utility, except that in any prosecution under this subsection it is an affirmative defense that the accused engaged in the conduct charged to constitute an offense for a lawful purpose.

(b) Criminal mischief is punished as follows:

(1) Criminal mischief is a class G felony if the actor intentionally causes pecuniary loss of $5,000 or more, or if the actor intentionally causes a substantial interruption or impairment of public communication, transportation, supply of water, gas or power, or other public service;

(2) Criminal mischief is a class A misdemeanor if the actor intentionally or recklessly causes pecuniary loss in excess of $1,000;

(3) Otherwise criminal mischief is an unclassified misdemeanor;

(4) If an actor commits an act of criminal mischief of any degree on or along a Delaware byway, as defined in §101 of Title 17, the court shall impose a minimum mandatory fine of at least $500.

(c) It is a defense that the defendant has a reasonable ground to believe that the defendant has a right to engage in the conduct set forth in subsection (a) of this section.

Legislative History

11 Del. C. 1953, § 811; 58 Del. Laws, c. 497, § 1 ; 60 Del. Laws, c. 590, § 6 ; 65 Del. Laws, c. 497, § 1 ; 67 Del. Laws, c. 130, § 8 ; 70 Del. Laws, c. 186, § 1 ; 70 Del. Laws, c. 211, § 1 ; 77 Del. Laws, c. 133, § 14 ; 77 Del. Laws, c. 350, § 1