Offenses Against Property

ORS 164.354
Criminal mischief in the second degree


A person commits the crime of criminal mischief in the second degree if:


The person violates ORS 164.345 (Criminal mischief in the third degree), and as a result thereof, damages property in an amount exceeding $500; or


Having no right to do so nor reasonable ground to believe that the person has such right, the person intentionally damages property of another, or, the person recklessly damages property of another in an amount exceeding $500.


Criminal mischief in the second degree is a Class A misdemeanor. [1971 c.743 §146; 2009 c.16 §5]

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


Last accessed
Mar. 11, 2023