13-1604. Aggravated criminal damage;
classification


A. A person commits aggravated criminal damage by intentionally or recklessly
without the express permission of the owner:


1. Defacing, damaging or in any way changing the appearance of any building,
structure, personal property or place used for worship or any religious purpose.


2. Defacing or damaging any building, structure or place used as a school or as an
educational facility.


3. Defacing, damaging or tampering with any cemetery, mortuary or personal property
of the cemetery or mortuary or other facility used for the purpose of burial or
memorializing the dead.


4. Defacing, damaging or tampering with any utility or agricultural infrastructure
or property, construction site or existing structure for the purpose of obtaining
nonferrous metals as defined in section 44-1641.


B. Aggravated criminal damage is punishable as follows:


1. If the person intentionally or recklessly does any act described in subsection A
of this section which causes damage to the property of another in an amount of ten
thousand dollars or more, aggravated criminal damage:


(a) Resulting from actions described in subsection A, paragraph 1, 2 or 3 of this
section is a class 4 felony.


(b) Resulting from actions described in subsection A, paragraph 4 of this section
is a class 3 felony.


2. If the person intentionally or recklessly damages property of another in an
amount of one thousand five hundred dollars or more but less than ten thousand dollars,
aggravated criminal damage:


(a) Resulting from actions described in subsection A, paragraph 1, 2 or 3 of this
section is a class 5 felony.


(b) Resulting from actions described in subsection A, paragraph 4 of this section
is a class 4 felony.


3. In all other cases aggravated criminal damage is:


(a) A class 6 felony if it results from actions described in subsection A,
paragraph 1, 2 or 3 of this section.


(b) A class 5 felony if it results from actions described in subsection A,
paragraph 4 of this section.


C. In determining the amount of damage to property, damages include the cost of
repair or replacement of the property that was damaged and the cost of the loss of crops
and livestock.