ยง708-822 - Criminal property damage in the third degree.
ยง708-822ย Criminal property damage in the
third degree.ย (1)ย A person commits the offense of criminal property
damage in the third degree if by means other than fire:
(a) The person recklessly damages the property of
another, without the other's consent, by the use of widely dangerous means;
(b) The person intentionally or knowingly damages the
property of another, without the other's consent, in an amount exceeding $500;
or
(c) The person intentionally damages the agricultural
equipment, supplies, or products or aquacultural equipment, supplies, or
products of another, including trees, bushes, or any other plant and livestock
of another, without the other's consent, in an amount exceeding $100.ย In
calculating the amount of damages to agricultural products, the amount of
damages includes future losses and the loss of future production.
(2)ย Criminal property damage in the third
degree is a misdemeanor. [L 1972, c 9, pt of ยง1; am L 1973, c 136, ยง7(c); am L
1986, c 314, ยง62; gen ch 1993; am L 1996, c 170, ยง3; am L 2006, c 156, ยง5, c
181, ยง5, and c 230, ยง35; am L 2007, c 98, ยง3]
Case Notes
ย Offense is graded according to amount of damage done, not the
value of the property damaged.ย 86 H. 165 (App.), 948 P.2d 586.