§708-823.5  Aggravated criminal property
damage.  (1)  A person commits the offense of aggravated criminal property
damage if the person by means other than fire:



(a) Intentionally damages the property of another
without the other's consent; and



(b) Has been convicted two or more times of an
offense under section 708-822 or 708-823.



(2)  For purposes of this section,
"convicted two or more times" means that, at the time of the instant
offense, the person had previously entered a plea of guilty or no contest or a
judge or jury had previously returned a verdict of guilty against the person
for two or more offenses committed on separate occasions.



(3)  Aggravated criminal property damage is a
misdemeanor. [L 2005, c 187, §1; am L 2006, c 181, §7; am L 2007, c 196, §2]



 



COMMENTARY ON §708-823.5



 



  Act 187, Session Laws 2005, established the misdemeanor
offense of aggravated criminal property damage which applies to a person who
intentionally damages the property of another without the other's consent and
has two or more convictions for criminal property damage in the third or fourth
degree in the preceding five years.  Act 187 was designed to address the
problem of graffiti in the community.  Conference Committee Report No. 67,
Senate Standing Committee Report No. 1362.



  Act 181, Session Laws 2006, amended this section by excluding
property damage caused by means of fire.  Act 181 included arson as a new class
of property damage and defined four degrees of the offense of arson with
appropriate sanctions. The legislature found that fires that are intentionally
set cause extensive damage to public and private properties and threaten
lives.  Conference Committee Report No. 50-06.



  Act 196, Session Laws 2007, amended subsection (1) by
deleting the five-year look-back period.  Conference Committee Report No. 34.