California First-Year Law Students' Exam (Baby Bar) — MCCriminal LawEasy
A client, a former Olympic archer, is hired by a rival business to 'send a message' to a competitor. The client is given a bow and arrow and told to shoot an arrow through the competitor's office window late at night when no one is present. The client carefully aims and fires, successfully breaking the window. What is the most appropriate charge for the damage to the window?
- AMalicious Mischief
- BArson
- CLarceny
- DBurglary
Show answer & explanationAnswer & explanation
Correct answer: A. Malicious Mischief
Malicious mischief is the willful and malicious destruction of, or damage to, the property of another. The client intentionally broke the window, which directly fits the definition of malicious mischief.
Why the other options are wrong
- B. Arson involves burning a dwelling or structure, not just breaking a window.
- C. Larceny involves the taking and carrying away of personal property with intent to permanently deprive.
- D. Burglary involves breaking and entering with intent to commit a felony or theft inside.
Malicious Mischief
The willful and malicious destruction of, or damage to, the property of another.
- Requires specific intent to damage or destroy.
- The property must belong to another.
- Also known as criminal damage or vandalism in some jurisdictions.
Memory trick: Property theft or damage, keep your hands off others' goods.