TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 70

TRESPASS AND MALICIOUS INJURIES TO PROPERTY

18-7001.  Malicious injury to property. (1) Except as otherwise provided in subsection (2) of this section, every person who maliciously injures or destroys any real or personal property not his own, or any jointly owned property without permission of the joint owner, or any property belonging to the community of the person’s marriage, in cases otherwise than such as are specified in this code, is guilty of a misdemeanor and shall be punishable by imprisonment in the county jail for up to one (1) year or a fine of not more than one thousand dollars ($1,000), or both.

(2)  A person is guilty of a felony, and shall be punishable by imprisonment in the state prison for not less than one (1) year nor more than five (5) years, and may be fined not more than one thousand dollars ($1,000), or by both such fine and imprisonment, if:

(a)  The damages caused by a violation of this section exceed one thousand dollars ($1,000) in value; or

(b)  Any series of individual violations of this section are part of a common scheme or plan and are aggregated in one (1) count, and the damages from such violations when considered together exceed one thousand dollars ($1,000) in value.

History:

[18-7001, added 1972, ch. 336, sec. 1, p. 973; am. 1973, ch. 186, sec. 1, p. 432; am. 1998, ch. 354, sec. 1, p. 1112; am. 2005, ch. 118, sec. 1, p. 378.]