Criminal Mischief – Colorado Law & Penalties – CRS § 18-4-501

Colorado Revised Statute § 18-4-501 prohibits criminal mischief, which is knowingly damaging “the real or personal property of one or more other persons.” This crime is also called vandalism or the destruction of property.

Depending on the extent or value of the property damage, criminal mischief can be a petty offense, misdemeanor, or felony crime in Colorado.

In this article, our Denver criminal defense attorneys will address the following key issues regarding Colorado criminal mischief laws:

• 1. Elements of CRS 18-4-501
• 2. Penalties
• 3. Defenses
• 4. Immigration Consequences
• 5. Record Seals
• 6. Related Offenses
• Frequently Asked Questions
• Additional Resources

1. Elements of CRS § 18-4-501

For you to be convicted of criminal mischief in Colorado, prosecutors must prove beyond a reasonable doubt that you knowingly damaged or destroyed another person’s property. This includes personal belongings or real estate.

Note you can face criminal mischief charges even if you jointly own the property you are damaging:

Example: Marcia and Joe are going through a contentious divorce. They jointly own a painting, though it means more to Joe than to Marcia. To get Joe upset, Marcia knifes the painting in half. Even though Marcia is co-owner of the artwork, she could face criminal mischief charges because she did not have Joe’s consent to destroy it.

From what we see, criminal mischief charges often arise out of domestic disputes or fights between neighbors where property gets damaged in anger or revenge.¹

2. Penalties

Colorado’s punishment for criminal mischief depends on the monetary equivalent of the damage done. Depending on the case, courts calculate this number by the property’s:

• Fair market value,
• Original purchase price,
• Replacement cost,
• General use and purpose, and/or
• Salvage value.²

The following chart lays out the possible criminal sentences for criminal mischief.

Note that if the damage arises out of an alleged domestic violence episode, you will be placed under a mandatory domestic violence protective order whether or not the damage was an accident.⁴

Violating CRS 18-4-501 can be a felony, misdemeanor, or petty offense.

3. Defenses

Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with property crimes such as criminal mischief. In our experience, the following five defenses have proven very effective with prosecutors, judges, and juries at getting CRS 18-4-501 charges reduced or dismissed.

1. Accident. You never meant to damage any property and therefore did not act “knowingly.”
2. Self-defense. You destroyed the property in a reasonable attempt to protect yourself or others.⁵
3. Mistaken identity. You were not the one who damaged the property, and someone misidentified you (such as during a lineup).
4. False allegations. Someone wrongly accused you of destroying the property, perhaps out of anger or revenge or to get a leg up in an ongoing court case.
5. No damage. Perhaps the police were mistaken about the property being damaged. Perhaps it was damaged a while ago, and you had nothing to do with it.

A partial defense to criminal mischief charges is that the property was worth much less than claimed. If successful, this defense could get the charge reduced to a lesser crime level with lower penalties.

Typical criminal mischief defenses are accident, self-defense, or false allegations.

4. Immigration Consequences

Non-citizens convicted of criminal mischief in Colorado potentially face deportation, especially if it was connected to a domestic violence situation.⁶ Therefore, immigrants should contact an attorney right away in an attempt to get the charges dropped or lessened to a non-deportable offense.

Learn about the criminal defense of immigrants in Colorado.

5. Record Seals

If and when a Colorado criminal mischief conviction can be sealed from your criminal record depends on the specific case, as the following chart shows:

Note that any criminal mischief charge that gets dismissed may be sealed right away.

The record seal process itself is complex and can take many months. Learn more in our article, how to petition for a record seal in Colorado.⁷

Criminal mischief convictions can be sealed unless the damage was $100,000 or higher.

6. Related Offenses

Defacement of Property

Colorado law has specific crimes for defacing written instruments, landmarks, posted notices, and other property. Charges range from a civil infraction to a class 1 misdemeanor. Learn more about Colorado defacement laws.⁸

Arson

Arson is intentionally or recklessly setting fire to property. Arson charges are common in cases involving insurance fraud. It can be a petty offense, misdemeanor or felony in Colorado, depending on the specific property, damage, and your motivations.⁹

Burglary

Burglary is knowingly entering or unlawfully remaining on someone else’s property with the intent to commit a crime other than trespass. The punishment depends on the type of property and level of danger to anyone inside.

Note that you can be convicted of burglary in Colorado without damaging any property.¹⁰

Tampering

Tampering in the first degree is tampering with the property of an institution or utility that provides health or safety protection. Meanwhile, tampering in the second degree is tampering with another person’s property with the intent to annoy, injure, or inconvenience.

Both degrees of tampering are class 2 misdemeanors.¹¹

Trespass

Trespass is unlawfully entering or remaining on someone else’s property. It can be a petty offense, misdemeanor or felony in Colorado, depending on the case.¹²

Criminal mischief is sometimes called vandalism or destruction of property.

Frequently Asked Questions

What happens if I damaged property that I partly own with someone else?

You can still be charged with criminal mischief even if you jointly own the property. For example, if you destroy something you co-own during a divorce or dispute without the other owner’s consent, you could face charges. The law requires consent from all owners before damaging jointly-owned property.

How do courts decide the dollar value of damage for my penalties?

Courts look at several factors to determine damage value, including the property’s fair market value, original purchase price, replacement cost, general use and purpose, and salvage value. This dollar amount directly determines whether you face a petty offense, misdemeanor, or felony charge.

Can I get my criminal mischief conviction removed from my record?

Yes, but the waiting period depends on your conviction level. Petty offenses can be sealed after one year, misdemeanors and lower-level felonies after two to three years, but class 2 and 3 felonies (damage of $100,000 or more) can never be sealed. Dismissed charges can be sealed right away.

What if the damage was an accident or I was defending myself?

Accident and self-defense are strong defenses to criminal mischief charges. Since the law requires you to “knowingly” damage property, proving the damage was accidental can get charges dismissed.

Self-defense applies if you damaged property while reasonably protecting yourself or others from harm.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• Protecting Artistic Vandalism: Graffiti and Copyright Law – NYU Journal of Intellectual Property & Entertainment Law.
• The Writing on Our Walls: Finding Solutions through Distinguishing Graffiti Art from Graffiti Vandalism – University of Michigan Journal of Legal Reform.
• Punishing Vandalism Correctly in an Access Economy – Notre Dame Journal of Legal Ethics & Public Policy.
• Theft and Vandalism on Construction Sites – Journal of Construction Engineering and Management.
• The Process Frame: Vandalism, Removal, Re-Siting, Destruction – A Companion to Public Art.

Legal References