Florida criminal charge
Criminal mischief; penalties; penalty for minor in Florida
Current through 2026 Florida legislative session
Criminal mischief; penalties; penalty for minor is a criminal offense under Florida law, defined by Fla. Stat. § 806.13. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 806.13.
What is the penalty for criminal mischief; penalties; penalty for minor in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 60 days (Criminal mischief — damage $200 or less — The damage to the property is $200 or less.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $500 (Criminal mischief — damage $200 or less — The damage to the property is $200 or less.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 1 year (Criminal mischief — damage greater than $200 but less than $1,000 — The damage to the property is greater than $200 but less than $1,000.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Criminal mischief — damage greater than $200 but less than $1,000 — The damage to the property is greater than $200 but less than $1,000.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Criminal mischief — damage $1,000 or greater or interruption of public service — The damage is $1,000 or greater, or there is interruption/impairment of a business operation or public service costing $1,000 or more to restore.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Criminal mischief — damage $1,000 or greater or interruption of public service — The damage is $1,000 or greater, or there is interruption/impairment of a business operation or public service costing $1,000 or more to restore.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Criminal mischief — reclassified for prior conviction — The person has one or more previous convictions for violating this subsection, reclassifying an offense otherwise under subparagraph 1 or 2.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Criminal mischief — reclassified for prior conviction — The person has one or more previous convictions for violating this subsection, reclassifying an offense otherwise under subparagraph 1 or 2.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Criminal mischief to place of worship — The person willfully and maliciously defaces, injures, or damages a church, synagogue, mosque, or other place of worship, or religious article therein, causing damage greater than $200.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Criminal mischief to place of worship — The person willfully and maliciously defaces, injures, or damages a church, synagogue, mosque, or other place of worship, or religious article therein, causing damage greater than $200.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Criminal mischief to memorial or historic property — The person, without consent, willfully and maliciously defaces, injures, or damages a memorial or historic property causing damage greater than $200.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Criminal mischief to memorial or historic property — The person, without consent, willfully and maliciously defaces, injures, or damages a memorial or historic property causing damage greater than $200.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 15 years (Criminal mischief during unlawful detainer/trespass causing $1,000+ damage — The person unlawfully detains, occupies, or trespasses upon a residential dwelling or commercial real property and intentionally damages it causing $1,000 or more in damages.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Criminal mischief during unlawful detainer/trespass causing $1,000+ damage — The person unlawfully detains, occupies, or trespasses upon a residential dwelling or commercial real property and intentionally damages it causing $1,000 or more in damages.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Criminal mischief to public telephone — The person, without consent, willfully destroys or substantially damages a public telephone or related equipment, rendering it inoperative or opening its body, with proper notice posted.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Criminal mischief to public telephone — The person, without consent, willfully destroys or substantially damages a public telephone or related equipment, rendering it inoperative or opening its body, with proper notice posted.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Criminal mischief to sexually violent predator facility — The person willfully and maliciously defaces, injures, or damages a sexually violent predator detention/commitment facility or property therein, causing damage greater than $200.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Criminal mischief to sexually violent predator facility — The person willfully and maliciously defaces, injures, or damages a sexually violent predator detention/commitment facility or property therein, causing damage greater than $200.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 1 year (Unauthorized image display/projection — The person knowingly and intentionally displays or projects an image onto a building, structure, or property without written consent of the owner.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Unauthorized image display/projection — The person knowingly and intentionally displays or projects an image onto a building, structure, or property without written consent of the owner.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Unauthorized image display/projection containing credible threat — The unauthorized image display or projection contains a credible threat as defined in s. 784.048(1).) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Unauthorized image display/projection containing credible threat — The unauthorized image display or projection contains a credible threat as defined in s. 784.048(1).; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is criminal mischief; penalties; penalty for minor classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Criminal mischief — damage $200 or less | Misdemeanor of the Second Degree | The damage to the property is $200 or less. | Fla. Stat. § 806.13(1)(b)1. |
| Criminal mischief — damage greater than $200 but less than $1,000 | Misdemeanor of the First Degree | The damage to the property is greater than $200 but less than $1,000. | Fla. Stat. § 806.13(1)(b)2. |
| Criminal mischief — damage $1,000 or greater or interruption of public service | Felony of the Third Degree | The damage is $1,000 or greater, or there is interruption/impairment of a business operation or public service costing $1,000 or more to restore. | Fla. Stat. § 806.13(1)(b)3. |
| Criminal mischief — reclassified for prior conviction | Felony of the Third Degree | The person has one or more previous convictions for violating this subsection, reclassifying an offense otherwise under subparagraph 1 or 2. | Fla. Stat. § 806.13(1)(b)4. |
| Criminal mischief to place of worship | Felony of the Third Degree | The person willfully and maliciously defaces, injures, or damages a church, synagogue, mosque, or other place of worship, or religious article therein, causing damage greater than $200. | Fla. Stat. § 806.13(2) |
| Criminal mischief to memorial or historic property | Felony of the Third Degree | The person, without consent, willfully and maliciously defaces, injures, or damages a memorial or historic property causing damage greater than $200. | Fla. Stat. § 806.13(3) |
| Criminal mischief during unlawful detainer/trespass causing $1,000+ damage | Felony of the Second Degree | The person unlawfully detains, occupies, or trespasses upon a residential dwelling or commercial real property and intentionally damages it causing $1,000 or more in damages. | Fla. Stat. § 806.13(4) |
| Criminal mischief to public telephone | Felony of the Third Degree | The person, without consent, willfully destroys or substantially damages a public telephone or related equipment, rendering it inoperative or opening its body, with proper notice posted. | Fla. Stat. § 806.13(5) |
| Criminal mischief to sexually violent predator facility | Felony of the Third Degree | The person willfully and maliciously defaces, injures, or damages a sexually violent predator detention/commitment facility or property therein, causing damage greater than $200. | Fla. Stat. § 806.13(6) |
| Unauthorized image display/projection | Misdemeanor of the First Degree | The person knowingly and intentionally displays or projects an image onto a building, structure, or property without written consent of the owner. | Fla. Stat. § 806.13(7)(a) |
| Unauthorized image display/projection containing credible threat | Felony of the Third Degree | The unauthorized image display or projection contains a credible threat as defined in s. 784.048(1). | Fla. Stat. § 806.13(7)(b) |
Common questions about criminal mischief; penalties; penalty for minor in Florida
Is criminal mischief; penalties; penalty for minor a felony or a misdemeanor in Florida?
It depends on the circumstances: criminal mischief; penalties; penalty for minor ranges from a Misdemeanor of the Second Degree to a Felony of the Second Degree in Florida under Fla. Stat. § 806.13.
Criminal mischief — damage $200 or less: Misdemeanor of the Second Degree (Fla. Stat. § 806.13(1)(b)1.) · Criminal mischief — damage greater than $200 but less than $1,000: Misdemeanor of the First Degree (Fla. Stat. § 806.13(1)(b)2.) · Criminal mischief — damage $1,000 or greater or interruption of public service: Felony of the Third Degree (Fla. Stat. § 806.13(1)(b)3.) · Criminal mischief — reclassified for prior conviction: Felony of the Third Degree (Fla. Stat. § 806.13(1)(b)4.) · Criminal mischief to place of worship: Felony of the Third Degree (Fla. Stat. § 806.13(2)) · Criminal mischief to memorial or historic property: Felony of the Third Degree (Fla. Stat. § 806.13(3)) · Criminal mischief during unlawful detainer/trespass causing $1,000+ damage: Felony of the Second Degree (Fla. Stat. § 806.13(4)) · Criminal mischief to public telephone: Felony of the Third Degree (Fla. Stat. § 806.13(5)) · Criminal mischief to sexually violent predator facility: Felony of the Third Degree (Fla. Stat. § 806.13(6)) · Unauthorized image display/projection: Misdemeanor of the First Degree (Fla. Stat. § 806.13(7)(a)) · Unauthorized image display/projection containing credible threat: Felony of the Third Degree (Fla. Stat. § 806.13(7)(b))
What are the penalties for criminal mischief; penalties; penalty for minor in Florida?
Penalties for criminal mischief; penalties; penalty for minor in Florida depend on how it is classified — from a Misdemeanor of the Second Degree up to a Felony of the Second Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers criminal mischief; penalties; penalty for minor?
Criminal mischief; penalties; penalty for minor is governed by Fla. Stat. § 806.13 (Criminal mischief; penalties; penalty for minor).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.