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Criminal Mischief Work?


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  • Criminal Mischief Work?

    So I work for the city but I am also a courtesy officer at an apartment complex near a college campus. Every week there is always one individual who is vomitting or urinating in the general hallways of the complex. Other than arresting them for Public Intoxication would it pass to charge him for criminal mischief?

    § 28.03. CRIMINAL MISCHIEF. (a) A person commits an
    offense if, without the effective consent of the owner:
    (1) he intentionally or knowingly damages or destroys
    the tangible property of the owner;
    (2) he intentionally or knowingly tampers with the
    tangible property of the owner and causes pecuniary loss or
    substantial inconvenience to the owner or a third person; or

    When someone vomits or urinates its usually in the walking areas of the complex. Therefore, the after hours maintenance workers have to come out and are getting paid overtime, they have to disinfect and clear the urine and puke. Its easily pass $50 to clean everything up. Or could I add reckless damage?

    § 28.04. RECKLESS DAMAGE OR DESTRUCTION. (a) A person
    commits an offense if, without the effective consent of the owner,
    he recklessly damages or destroys property of the owner.
    (b) An offense under this section is a Class C misdemeanor.

    I am just finding a way for my apartment managers to get some sort of restitution for all the money the company has to pay every week.

  • #2
    Hook him for criminal mischief and see what happens. If it doesn't float in court then move onto plan B. If you did, I would make sure someone from the apartment staff is in court to testify if need be.


    • #3
      I could see Criminal Mischief working, but its out of the box so most of my admin would have a heart attack if the report came across their desk. Subsection 2 would cover the total (reasonable) cost to have it cleaned up. That being said, there is no requirement to have them arrested or even file a case against them criminally in order to take the person to civil court for the restitution.


      • #4
        You can do disorderly conduct for somebody taking a leak.

        Criminal mischief could work for urinating as well (substantial inconvenience).

        I don't see criminal mischief or reckless damage happening for vomiting. It would be way to hard to prove culpability when vomiting is generally an involuntary action. Unless your prosecutors are willing to take that case, I wouldn't even make the arrest.


        • #5
          Re urination, you might take a look at your littering laws. In California, littering includes "waste mnatter" and property owners are specifically prohibited from littering waste matter on their own property when it creates a public safety or health hazard. Your laws may have similar wording.
          Going too far is half the pleasure of not getting anywhere


          • #6
            You could try it. DA's office would more than likely drop it in a heartbeat though....


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