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Malicious Mischief

A Dictionary of Law · Henry Campbell Black · 1891

A Dictionary of Law

A term applied to the willful destruction of personal property, from actual ill will or resentment towards its owner or possessor.

3 Dev. & B. 130.

Malicious mischief or damage is a species of injury to private property, which the law considers as a public crime. This is such as is done, not animo furandi, or with an intent of gaining by another's loss, but either out of a spirit of wanton cruelty or wicked revenge. In this latter light it bears a near relation to the crime of arson, for, as that affects the habitation, so does this the property, of individuals; and therefore any damage arising from this mischievous disposition, though only a trespass at the common law, is now, by several statutes, made severely penal.

Jacob.