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C.G.S. § 53a-117 — Criminal Mischief in the Third Degree
Definition
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A person commits Criminal Mischief in the Third Degree when, having no reasonable ground to believe they have a right to do so, they do any of the following:
- Intentionally or recklessly damage tangible property of another, or tamper with such property in a way that puts it in danger of damage;
- Damage another’s tangible property by negligence involving a potentially harmful or destructive force or substance (for example, fire, explosives, flood, building collapse, poison gas, radioactive material);
- Intentionally or recklessly damage or tamper with state or municipal property located on public land, placing it in danger of damage; or
- Damage such public property by negligence involving a harmful or destructive force or substance.
- The accused damaged tangible property of another, or tampered with it so it was placed in danger of damage;
- The conduct was done intentionally, recklessly, or (for certain clauses) by negligence involving a harmful/destructive force or substance; and
- The accused had no reasonable ground to believe they had a right to do so (no permission/authorization).
- Class B misdemeanor
- Up to 6 months in jail
- Fine up to $1,000
- Probation possible (often with restitution, no-contact orders, counseling)
- In domestic contexts, the case may proceed on the family-violence docket with protective orders
- Property damage during disputes between neighbors, roommates, or ex-partners.
- Tampering with someone else’s vehicle, tools, or equipment in a way that risks damage.
- Damage to public property on parks or school grounds (benches, signs, bathrooms).
- Negligent use of dangerous substances (solvents, fireworks, open flame) that damages another’s property.
- Vehicle tampering in a driveway: During an argument, someone lets the air out of a neighbor’s tires and loosens a valve stem. Even if the tire doesn’t pop immediately, the tampering placed the property in danger of damage, satisfying the statute’s risk component.
- Bleach poured on clothing in a shared laundry room: To “teach a lesson,” a tenant pours bleach into another tenant’s laundry, ruining garments. This is intentional damage to another’s property with no right to do so.
- State park sign vandalism: Late at night, a group pries a municipal trail marker off its post on public land and sprays paint on nearby fixtures. That’s state/municipal property on public land, and the intentional damage/tampering fits the public-property prongs.
- Accident without recklessness (not guilty example): A homeowner’s water heater bursts unexpectedly and floods the unit below. Maintenance records show the heater was up to code with no prior warning signs. Without intent, recklessness, or negligence involving a harmful force (beyond normal, unforeseeable malfunction), the elements of § 53a-117 are not met.
- § 53a-115 — Criminal Mischief in the First Degree (Class D felony; higher-end damage/critical facilities)
- § 53a-116 — Criminal Mischief in the Second Degree (Class A misdemeanor; more serious or higher-value damage)
- § 53a-117a — Criminal Mischief in the Fourth Degree (Class C misdemeanor; hydrants/alarms/public-safety gear)
- § 53a-117g — Criminal Damage of a Landlord’s Property in the Third Degree (landlord-tenant specific)
- § 53a-107/108/109 — Criminal Trespass (often added in property cases)
- § 53a-181 — Breach of Peace 2nd / § 53a-182 — Disorderly Conduct (companion charges)
Element challenges
- Right/consent: Show permission, ownership, or a reasonable belief of the right to act (work orders, texts, lease terms).
- Mens rea: Reframe as accident or ordinary negligence not involving a harmful/destructive force; or show no recklessness and no intent to damage.
- “Placed in danger” proof: Demand specifics on how the tampering actually created a genuine risk of damage (photos, expert input).
- Identification & proof: Use video, digital footprints, and witness credibility to challenge who did what.
Negotiation pathways
- Restitution-forward resolutions (repair/replace property) to minimize penalties.
- Reductions to § 53a-117a (Fourth Degree) or to non-mischief misdemeanors (Disorderly Conduct, Breach of Peace) when facts support lesser risk/damage.
- In domestic settings, tailor protective orders to avoid unnecessary hardship while ensuring compliance.
Diversionary options
- Accelerated Rehabilitation (AR): Commonly available for eligible first-time offenders; successful completion typically leads to dismissal/erasure.
- Family Violence Education Program (FVEP): If on the family-violence docket and facts fit, FVEP may resolve the case without a conviction upon completion.
Do they need to prove actual damage?
Not always. Tampering that places property in danger of damage can be enough under the statute.
What’s the difference between 2nd, 3rd, and 4th degree?
Higher degrees generally involve greater harm/value or protected property (utilities, alarms). Third degree sits in the middle and includes intentional, reckless, or certain negligent conduct, plus public-property prongs.
Can I be charged for damaging public property even if I didn’t know it was city-owned?
Yes, but we challenge whether you knew or reasonably should have known the nature of the property and whether the State can prove the public-land and mens rea elements.
Will restitution help?
Often. Early, documented restitution and proof of repairs can drive charge reductions or diversion outcomes.
A § 53a-117 arrest puts your record and reputation at risk. We move fast to secure video, document ownership/consent, quantify damage, press restitution, and pursue AR, FVEP, or charge reductions where the facts support it.
Call (203) 357-5555 or fill out my contact form for a free, confidential consultation. We defend clients across Connecticut and fight to protect your record, your rights, and your future.
