Offenses Against Property
Criminal mischief in the second degree
Notes of Decisions
Admission of testimony by handwriting expert that he had “no doubt” defendant was responsible for painting graffiti in black paint on side of house, was not abuse of discretion. State v. Bolger, 31 Or App 565, 570 P2d 1018 (1977), Sup Ct review denied
Notwithstanding that stop of defendant was unlawful under ORS 131.615, illegality of stop did not render inadmissible evidence of subsequent behavior, for which he was charged under this section. State v. Gaffney, 36 Or App 105, 583 P2d 582 (1978), Sup Ct review denied
Legislative intent of this section is to protect interest of owner or possessor in property. State v. Sweet, 46 Or App 31, 610 P2d 310 (1980)
Intentional damage to property of another in any amount is criminal mischief in second degree and where defendant admitted he stripped bark from trees intentionally, resentencing for crime of criminal mischief was required. State v. Washburn, 54 Or App 64, 633 P2d 1321 (1981)
Where defendant was convicted of second degree criminal mischief in connection with breaking copper pipe in building scheduled for demolition, evidence of economic loss was not necessary to establish statutory element that his intentional conduct “damaged” property of another because pipe had some monetary value and was property of another. State v. Jones, 298 Or App 264, 445 P3d 358 (2019), Sup Ct review denied