Is Criminal Mischief a Specific Intent Crime in Tallahassee and North Florida?

October 23, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal, which covers Tallahassee and Northwest Florida, holds that criminal mischief is a specific intent crime. But what does that mean?

In Florida, criminal mischief is a serious offense. Under Fla. Stat. 806.13, criminal mischief occurs when someone willfully and maliciously injures or damages property belonging to another person. 

For someone to be guilty of criminal mischief, the State must prove all of the following elements beyond a reasonable doubt:

• The defendant injured or damaged real or personal property
• The property injured or damaged belong to another person
• The injury was done willfully and maliciously, without legal justification or excuse

Note: “Willfully” means intentionally, knowingly, and purposely. “Maliciously” means wrongfully, intentionally, without legal justification or excuse, and with the knowledge that injury or damage will or may be caused to another person or the property of another person.

Depending on the amount of damage caused, criminal mischief can be considered a felony or misdemeanor. For more information on how criminal mischief is punished in Florida, click here.

One of the most common questions asked in a criminal mischief case is whether the offense is a “specific” or “general” intent crime. If criminal mischief is a specific intent crime, it would require someone to deliberately commit an act with the objective of damaging the property.

But if criminal mischief is a general intent crime, this would only require that someone have committed an act knew would or may cause property damage (and did so). Notice that “general intent” does not require an act intentionally designed to damage the property itself.

Florida’s courts have been conflicted on the issue of whether criminal mischief requires specific or general intent. In Tallahassee and North Florida, criminal mischief is considered a specific intent crime. This means someone must act willfully (intentionally/knowingly) and maliciously (with spite, ill will, hatred or evil intent) against the property with the intent to cause damage.

This requirement was set out by Florida’s 1st District Court of Appeal, which covers Tallahassee and North Florida, in J.R.S. v. State, 569 So.2d 1323 (Fla. 1st DCA 1990). In J.R.S., a juvenile (15-year-old child) ran away from home. When he returned, he “jimmied” the back door lock to open it while nobody was there.

As a result of doing so, he caused damage to the lock that required correcting. Despite relatively minor repair costs (ten cents to replace the latch with an oversized screw), J.R.S. was charged with criminal mischief.

At the juvenile delinquency hearing, the defense analogized J.R.S.’s conduct to someone who breaks a window to get into their own home after finding themselves locked out. But the trial court adjudicated J.R.S. delinquent of criminal mischief for damage to the back door, arguing it would have been more “prudent” for him to call his father to let him know he needed to get in.

On appeal, Florida’s 1st DCA reversed J.R.S.’s adjudication of delinquency (finding of guilt in juvenile court) for second-degree misdemeanor criminal mischief. The 1st DCA explored the history of the criminal mischief statute, noting that it has its origins in the common law offense of “malicious mischief” – defined as:

“Willful destruction of personal property, from actual ill will or resentment towards its owner or possessor. Though only a trespass at the common law, it is now, by most statutes, made severely penal.”

Essentially, the 1st DCA argued that J.R.S.’s damage would have had to be motivated by his feeling of “ill will or resentment” towards the owner or possessor of the back door of the home – in this case, his father. The damage would not simply have to be done intentionally for J.R.S. to be adjudicated delinquent – it would have to be caused due to “ill will” towards his father.

But the court observed that J.R.S.’s primary objective was not to cause damage to the door out of “ill will, spite, or evil intent” towards its owner. Instead, he was trying to get back into the home while his father was not there because he was hungry – and wished to get food from the kitchen without having to be confronted by his father.

The 1st DCA rejected the argument that property damage (even if willful) should automatically be considered malicious, writing:

“As the state concedes, the opinions dealing with the offense of criminal mischief do not state expressly that the element of malice required by the statute is presumed upon a finding of property damage. We reject the state’s contention that pertinent case law can be read as standing for such a sweeping proposition.”

The 1st DCA then held that J.R.S. did not commit criminal mischief because his actions did not involve “malice”:

“We conclude that the facts in this case do not constitute the offense of criminal mischief. The state failed to establish the element of malice, i.e., that appellant acted from actual ill will or resentment toward his parents as owners of the allegedly damaged property.”

So, is criminal mischief a specific or general intent crime in Tallahassee and North Florida? The 1st DCA is clear – someone must specifically intend to cause damage to property, and do so out of “ill will, spite, or evil intent” for a conviction (or adjudication of delinquency) to be upheld.

Simply damaging property is insufficient for someone to be found guilty. The State must prove that the damage inflicted by the defendant was deliberate, that the defendant did not own the real or personal property in question, and that it was done with malice towards the property and/or the owner of the property.

Most of Florida’s District Courts of Appeal also recognize criminal mischief as a specific intent crime, including the 2nd, 4th, and 5th DCAs. Notably, however, the 3rd District Court of Appeal disagrees – holding that criminal mischief is a “general intent” crime. M.H. v. State, 936 So.2d 1 (Fla. 3d DCA 2006)

The 3rd DCA (Miami area) defines “malice” more broadly than the other DCAs. According to M.H., malice essentially involves committing an intentional act that will or may cause property damage, without legal justification or excuse. 

Thus, the 3rd DCA has essentially written the “ill will towards the property owner” component out of the definition of “malice” that the 1st DCA included, opting for a broader interpretation of the term’s definition. For more on this issue, click here.

In sum, criminal mischief is considered a specific intent crime in Tallahassee and North Florida. Someone must be proven to have acted intentionally and “maliciously” (ill will, spite, hatred or evil intent towards the property/owner) to be found guilty if they cause property damage. J.R.S. v. State, 569 So.2d 1323 (Fla. 1st DCA 1990)

But other circuits (like the 3rd DCA) disagree. Since the Florida Supreme Court has not yet settled this issue, Tallahassee and North Florida trial courts are bound by the holding in J.R.S. v. State. However, this may change in the future, depending on what the state’s highest court says.

In a criminal mischief case, it is vital to have the best representation possible, as this charge can carry heavy criminal and financial penalties. Don Pumphrey Jr. and the attorneys at Pumphrey Law have decades of experience fighting to win for clients across the state of Florida.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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