HRS § 708-8251

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

[Part XIII]. Arson

[§ 708-8251]. Arson in the first degree

(1) A person commits the offense of arson in the first degree if the person intentionally or knowingly sets fire to or causes to be burned property and:

(a) Knowingly places another person in danger of death or bodily injury; or

(b) Knowingly or recklessly damages the property of another, without the other's consent, in an amount exceeding $20,000.

(2) Arson in the first degree is a class A felony.

CREDIT(S)

Laws 2006, ch. 181, § 1.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 708-8252

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

[Part XIII]. Arson

[§ 708-8252]. Arson in the second degree

(1) A person commits the offense of arson in the second degree if the person intentionally or knowingly sets fire to or causes to be burned property and:

(a) Recklessly places another person in danger of death or bodily injury; or

(b) Knowingly or recklessly damages the property of another, without the other's consent, in an amount exceeding $1,500.

(2) Arson in the second degree is a class B felony.

CREDIT(S)

Laws 2006, ch. 181, § 1.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 708-8253

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

[Part XIII]. Arson

[§ 708-8253]. Arson in the third degree

(1) A person commits the offense of arson in the third degree if the person intentionally or knowingly sets fire to or causes to be burned property and:

(a) Negligently places another person in danger of death or bodily injury; or

(b) Knowingly or recklessly damages the property of another, without the other's consent, in an amount exceeding $500.

(2) Arson in the third degree is a class C felony.

CREDIT(S)

Laws 2006, ch. 181, § 1.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 708-8254

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

[Part XIII]. Arson

§ 708-8254. Arson in the fourth degree

(1) A person commits the offense of arson in the fourth degree if the person intentionally, knowingly, or recklessly sets fire to, or causes to be burned property and thereby damages the property of another without the other's consent.

(2) Arson in the fourth degree is a misdemeanor.

CREDIT(S)

Laws 2006, ch. 181, § 1; Laws 2007, ch. 11, § 2, eff. April 9, 2007.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

I.C.A. T. XVI, Subt. 1, Ch. 712, Refs & Annos

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915]

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747]

Chapter 712. Arson

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 712.1

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 712. Arson (Refs & Annos)

712.1. Arson defined

1. Causing a fire or explosion, or placing any burning or combustible material, or any incendiary or explosive device or material, in or near any property with the intent to destroy or damage such property, or with the knowledge that such property will probably be destroyed or damaged, is arson, whether or not any such property is actually destroyed or damaged. Provided, that where a person who owns said property which the defendant intends to destroy or damage, or which the defendant knowingly endangers, consented to the defendant's acts, and where no insurer has been exposed fraudulently to any risk, and where the act was done in such a way as not to unreasonably endanger the life or property of any other person the act shall not be arson.

2. Causing a fire or explosion that damages or destroys property while manufacturing or attempting to manufacture a controlled substance in violation of section 124.401 is arson. Even if a person who owns property which the defendant intends to destroy or damage, or which the defendant knowingly endangers, consents to the defendant's act, and even if an insurer has not been exposed fraudulently to any risk, and even if the act was done in such a way as not to unreasonably endanger the life or property of any person, the act constitutes arson.

CREDIT(S)

Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1201, eff. Jan. 1, 1978. Amended by Acts 2004 (80 G.A.) ch. 1125, § 13.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 712.2

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 712. Arson (Refs & Annos)

712.2. Arson in the first degree

Arson is arson in the first degree when the presence of one or more persons can be reasonably anticipated in or near the property which is the subject of the arson, or the arson results in the death of a fire fighter, whether paid or volunteer.

Arson in the first degree is a class “B” felony.

CREDIT(S)

Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1202, eff. Jan. 1, 1978. Amended by Acts 1984 (70 G.A.) ch. 1064, § 1; Acts 2004 (80 G.A.) ch. 1125, § 14.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 712.3

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 712. Arson (Refs & Annos)

712.3. Arson in the second degree

Arson which is not arson in the first degree is arson in the second degree when the property which is the subject of the arson is a building or a structure, or real property of any kind, or standing crops, or is personal property the value of which exceeds five hundred dollars. Arson in the second degree is a class “C” felony.

CREDIT(S)

Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1203, eff. Jan. 1, 1978. Amended by Acts 2004 (80 G.A.) ch. 1125, § 15.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 712.4

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 712. Arson (Refs & Annos)

712.4. Arson in the third degree

Arson which is not arson in the first degree or arson in the second degree is arson in the third degree. Arson in the third degree is an aggravated misdemeanor.

CREDIT(S)

Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1204, eff. Jan. 1, 1978.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 712.5

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 712. Arson (Refs & Annos)

712.5. Reckless use of fire or explosives

Any person who shall so use fire or any incendiary or explosive device or material as to recklessly endanger the property or safety of another shall be guilty of a serious misdemeanor.

CREDIT(S)

Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1205, eff. Jan. 1, 1978.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 712.6

Effective: July 1, 2008

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 712. Arson (Refs & Annos)

712.6. Explosive or incendiary materials or devices

1. A person who possesses any incendiary or explosive device or material with the intent to use such device or material to commit a public offense shall be guilty of a class “C” felony.

2. a. A person who possesses any incendiary or explosive device or material shall be guilty of an aggravated misdemeanor.

b. This subsection does not apply to a person holding a valid commercial license or user's permit issued pursuant to chapter 101A, provided that the person is acting within the scope of authority granted by the license or permit.

3. A person who, with the intent to intimidate, annoy, or alarm another person, places a simulated explosive or simulated incendiary device in or near an occupied structure as defined in section 702.12, is guilty of a serious misdemeanor.

CREDIT(S)

Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1206, eff. Jan. 1, 1978. Amended by Acts 2004 (80 G.A.) ch. 1125, § 16; Acts 2008 (82 G.A.) ch. 1147, H.F. 2266, § 4.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 712.7

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 712. Arson (Refs & Annos)

712.7. False reports

A person who, knowing the information to be false, conveys or causes to be conveyed to any person any false information concerning the placement of any incendiary or explosive device or material or other destructive substance or device in any place where persons or property would be endangered commits a class “D” felony.

CREDIT(S)

Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1207, eff. Jan. 1, 1978.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 712.8

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 712. Arson (Refs & Annos)

712.8. Threats

Any person who threatens to place or attempts to place any incendiary or explosive device or material, or any destructive substance or device in any place where it will endanger persons or property, commits a class “D” felony.

CREDIT(S)

Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1208, eff. Jan. 1, 1978.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

I.C.A. § 712.9

Effective:[See Text Amendments]

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 712. Arson (Refs & Annos)

712.9. Violations of individual rights--penalties

A violation of sections 712.3 through 712.8, which is also a hate crime as defined in section 729A.2, shall be classified and punished as an offense one degree higher than the underlying offense.

CREDIT(S)

Added by Acts 1992 (74 G.A.) ch. 1157, § 4.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

O.R.S. § 164.305

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Definitions (Refs & Annos)

164.305. Definitions

As used in ORS 164.305 to 164.377, except as the context requires otherwise:

(1) “Protected property” means any structure, place or thing customarily occupied by people, including “public buildings” as defined by ORS 479.168 and “forestland,” as defined by ORS 477.001.

(2) “Property of another” means property in which anyone other than the actor has a legal or equitable interest that the actor has no right to defeat or impair, even though the actor may also have such an interest in the property.

CREDIT(S)

Laws 1971, c. 743, § 141; Laws 1977, c. 640, § 1; Laws 1989, c. 584, § 1; Laws 2003, c. 543, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.310

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Definitions (Refs & Annos)

164.310. Amended by Laws 1957, c. 653, § 1; Laws 1959, c. 302, § 2; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.315

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Arson and Related Offenses

164.315. Arson in the second degree

(1) A person commits the crime of arson in the second degree if:

(a) By starting a fire or causing an explosion, the person intentionally damages:

(A) Any building of another that is not protected property; or

(B) Any property of another and the damages to the property exceed $750; or

(b) By knowingly engaging in the manufacture of methamphetamine, the person causes fire or causes an explosion that damages property described in paragraph (a) of this subsection.

(2) Arson in the second degree is a Class C felony.

CREDIT(S)

Laws 1971, c. 743, § 143; Laws 2001, c. 432, § 1; Laws 2005, c. 706, § 3, eff. Aug. 16, 2005.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.320

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Arson and Related Offenses

164.320. Amended by Laws 1959, c. 77, § 1; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.325

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Arson and Related Offenses

164.325. Arson in the first degree

(1) A person commits the crime of arson in the first degree if:

(a) By starting a fire or causing an explosion, the person intentionally damages:

(A) Protected property of another;

(B) Any property, whether the property of the person or the property of another person, and such act recklessly places another person in danger of physical injury or protected property of another in danger of damage; or

(C) Any property, whether the property of the person or the property of another person, and recklessly causes serious physical injury to a firefighter or peace officer acting in the line of duty relating to the fire; or

(b) By knowingly engaging in the manufacture of methamphetamine, the person causes fire or causes an explosion that damages property described in paragraph (a) of this subsection.

(2) Arson in the first degree is a Class A felony.

CREDIT(S)

Laws 1971, c. 743, § 144; Laws 1991, c. 946, § 1; Laws 2005, c. 706, § 4, eff. Aug. 16, 2005.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.330

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Arson and Related Offenses

164.330. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.335

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Arson and Related Offenses

164.335. Reckless burning

(1) A person commits the crime of reckless burning if the person recklessly damages property of another by fire or explosion.

(2) Reckless burning is a Class A misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 142.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.340

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Arson and Related Offenses

164.340. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.345

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Criminal Mischief and Related Offenses

164.345. Criminal mischief in the third degree

(1) A person commits the crime of criminal mischief in the third degree if, with intent to cause substantial inconvenience to the owner or to another person, and having no right to do so nor reasonable ground to believe that the person has such right, the person tampers or interferes with property of another.

(2) Criminal mischief in the third degree is a Class C misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 145.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.350

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Criminal Mischief and Related Offenses

164.350. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.354

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Criminal Mischief and Related Offenses

164.354. Criminal mischief in the second degree

(1) A person commits the crime of criminal mischief in the second degree if:

(a) The person violates ORS 164.345, and as a result thereof, damages property in an amount exceeding $500; or

(b) Having no right to do so nor reasonable ground to believe that the person has such right, the person intentionally damages property of another, or, the person recklessly damages property of another in an amount exceeding $500.

(2) Criminal mischief in the second degree is a Class A misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 146; Laws 2009, c. 16, § 5, eff. Jan. 1, 2010.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.355

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Criminal Mischief and Related Offenses

164.355. Laws 1967, c. 378, §§ 1,2,3,4; Laws 1969, c. 287, § 1; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.360

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Criminal Mischief and Related Offenses

164.360. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.362

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Criminal Mischief and Related Offenses

164.362. Laws 1957, c. 714, §§ 1,6(1); repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.364

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Criminal Mischief and Related Offenses

164.364. Laws 1957, c. 714, §§ 4,5; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.365

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Criminal Mischief and Related Offenses

164.365. Criminal mischief in the first degree

(1) A person commits the crime of criminal mischief in the first degree who, with intent to damage property, and having no right to do so nor reasonable ground to believe that the person has such right:

(a) Damages or destroys property of another:

(A) In an amount exceeding $1,000;

(B) By means of an explosive;

(C) By starting a fire in an institution while the person is committed to and confined in the institution;

(D) Which is a livestock animal as defined in ORS 164.055;

(E) Which is the property of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility used in direct service to the public; or

(F) By intentionally interfering with, obstructing or adulterating in any manner the service of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility; or

(b) Intentionally uses, manipulates, arranges or rearranges the property of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility used in direct service to the public so as to interfere with its efficiency.

(2) As used in subsection (1) of this section:

(a) “Institution” includes state and local correctional facilities, mental health facilities, juvenile detention facilities and state training schools.

(b) “Medical facility” means a health care facility as defined in ORS 442.015, a licensed physician's office or anywhere a licensed medical practitioner provides health care services.

(c) “Public utility” has the meaning provided for that term in ORS 757.005 and includes any cooperative, people's utility district or other municipal corporation providing an electric, gas, water or other utility service.

(d) “Railroad” has the meaning provided for that term in ORS 824.020.

(e) “Public transportation facility” means any property, structure or equipment used for or in connection with the transportation of persons for hire by rail, air or bus, including any railroad cars, buses or airplanes used to carry out such transportation.

(f) “Telecommunications carrier” has the meaning given that term in ORS 133.721.

(3) Criminal mischief in the first degree is a Class C felony.

CREDIT(S)

Laws 1971, c. 743, § 147; Laws 1973, c. 133, § 6; Laws 1975, c. 344, § 1; Laws 1979, c. 805, § 1; Laws 1983, c. 740, § 33a; Laws 1987, c. 447, § 104; Laws 1987, c. 907, § 10; Laws 1989, c. 584, § 2; Laws 1991, c. 837, § 13; Laws 1991, c. 946, § 2; Laws 1993, c. 94, § 1; Laws 1993, c. 332, § 3; Laws 1999, c. 1040, § 11; Laws 1999, c. 1093, § 2; Laws 2003, c. 543, § 4; Laws 2009, c. 16, § 6, eff. Jan. 1, 2010.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.366

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Criminal Mischief and Related Offenses

164.366. Laws 1957, c. 714, §§ 2,6(2); repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.367

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Criminal Mischief and Related Offenses

164.367. Value of damage property

For purposes of ORS 164.345, 164.354 and 164.365, the value of damage done during single incidents of criminal mischief may be added together if the incidents of criminal mischief were committed:

(1) Against multiple victims in the same course of conduct; or

(2) Against the same victim, or two or more persons who are joint owners, within a 30-day period.

CREDIT(S)

Laws 1999, c. 1040, § 12.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.368

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Criminal Mischief and Related Offenses

164.368. Laws 1957, c. 714, § 3; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.369

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Criminal Mischief and Related Offenses

164.369. Laws 1989, c. 584, § 4; Laws 2003, c. 543, § 5; renumbered 167.337 in 2003 by the Legislative Counsel

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.370

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Criminal Mischief and Related Offenses

164.370. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.373

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Criminal Mischief and Related Offenses

164.373. Tampering with cable television equipment

(1) A person commits the crime of tampering with cable television equipment if the person:

(a) Knowingly tampers or otherwise interferes with or connects to by any means, whether mechanical, electrical, acoustical or other means, any cable, wire or other device used for the distribution of cable television service, without authority of the provider of such service; or

(b) Knowingly permits another person to tamper or otherwise interfere with, or connect to by any means, whether mechanical, electrical, acoustical or other means, any cable, wire or other device used for the distribution of cable television service, such tampering, interfering or connecting being upon premises under the control of such first person or intended for the benefit of such first person, without authority of the provider of such service.

(2) Tampering with cable television equipment is a Class B misdemeanor.

CREDIT(S)

Laws 1985, c. 537, § 5.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.377

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Criminal Mischief and Related Offenses

164.377. Computer crime

(1) As used in this section:

(a) To “access” means to instruct, communicate with, store data in, retrieve data from or otherwise make use of any resources of a computer, computer system or computer network.

(b) “Computer” means, but is not limited to, an electronic, magnetic, optical electrochemical or other high-speed data processing device that performs logical, arithmetic or memory functions by the manipulations of electronic, magnetic or optical signals or impulses, and includes the components of a computer and all input, output, processing, storage, software or communication facilities that are connected or related to such a device in a system or network.

(c) “Computer network” means, but is not limited to, the interconnection of communication lines, including microwave or other means of electronic communication, with a computer through remote terminals or a complex consisting of two or more interconnected computers.

(d) “Computer program” means, but is not limited to, a series of instructions or statements, in a form acceptable to a computer, which permits the functioning of a computer system in a manner designed to provide appropriate products from or usage of such computer system.

(e) “Computer software” means, but is not limited to, computer programs, procedures and associated documentation concerned with the operation of a computer system.

(f) “Computer system” means, but is not limited to, a set of related, connected or unconnected, computer equipment, devices and software. “Computer system” also includes any computer, device or software owned or operated by the Oregon State Lottery or rented, owned or operated by another person or entity under contract to or at the direction of the Oregon State Lottery.

(g) “Data” means a representation of information, knowledge, facts, concepts, computer software, computer programs or instructions. “Data” may be in any form, in storage media, or as stored in the memory of the computer, or in transit, or presented on a display device. “Data” includes, but is not limited to, computer or human readable forms of numbers, text, stored voice, graphics and images.

(h) “Property” includes, but is not limited to, financial instruments, information, including electronically produced data, and computer software and programs in either computer or human readable form, intellectual property and any other tangible or intangible item of value.

(i) “Proprietary information” includes any scientific, technical or commercial information including any design, process, procedure, list of customers, list of suppliers, customers' records or business code or improvement thereof that is known only to limited individuals within an organization and is used in a business that the organization conducts. The information must have actual or potential commercial value and give the user of the information an opportunity to obtain a business advantage over competitors who do not know or use the information.

(j) “Services” include, but are not limited to, computer time, data processing and storage functions.

(2) Any person commits computer crime who knowingly accesses, attempts to access or uses, or attempts to use, any computer, computer system, computer network or any part thereof for the purpose of:

(a) Devising or executing any scheme or artifice to defraud;

(b) Obtaining money, property or services by means of false or fraudulent pretenses, representations or promises; or

(c) Committing theft, including, but not limited to, theft of proprietary information.

(3) Any person who knowingly and without authorization alters, damages or destroys any computer, computer system, computer network, or any computer software, program, documentation or data contained in such computer, computer system or computer network, commits computer crime.

(4) Any person who knowingly and without authorization uses, accesses or attempts to access any computer, computer system, computer network, or any computer software, program, documentation or data contained in such computer, computer system or computer network, commits computer crime.

(5)(a) A violation of the provisions of subsection (2) or (3) of this section shall be a Class C felony. Except as provided in paragraph (b) of this subsection, a violation of the provisions of subsection (4) of this section shall be a Class A misdemeanor.

(b) Any violation of this section relating to a computer, computer network, computer program, computer software, computer system or data owned or operated by the Oregon State Lottery or rented, owned or operated by another person or entity under contract to or at the direction of the Oregon State Lottery Commission shall be a Class C felony.

CREDIT(S)

Laws 1985, c. 537, § 8; Laws 1989, c. 737, § 1; Laws 1991, c. 962, § 17; Laws 2001, c. 870, § 18.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.380

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Criminal Mischief and Related Offenses

164.380. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.381

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Graffiti-Related Offenses

164.381. Definitions

As used in ORS 137.131, 164.381 to 164.386 and 419C.461:

(1) “Graffiti” means any inscriptions, words, figures or designs that are marked, etched, scratched, drawn, painted, pasted or otherwise affixed to the surface of property.

(2) “Graffiti implement” means paint, ink, chalk, dye or other substance or any instrument or article designed or adapted for spraying, marking, etching, scratching or carving surfaces.

CREDIT(S)

Laws 1995, c. 615, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.383

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Graffiti-Related Offenses

164.383. Unlawfully applying graffiti

(1) A person commits the offense of unlawfully applying graffiti if the person, having no right to do so nor reasonable ground to believe that the person has such right, intentionally damages property of another by applying graffiti to the property.

(2) Unlawfully applying graffiti is a Class A violation. Upon a conviction for unlawfully applying graffiti, a court, in addition to any fine it imposes and pursuant to ORS 137.128 but notwithstanding ORS 137.129, may order the defendant to perform up to 100 hours of community service. The community service must include removing graffiti, either those that the defendant created or those created by another, or both.

(3) If the court orders community service, the community service must be completed within six months after entry of the order unless the person shows good cause why community service cannot be completed within the six-month time period.

CREDIT(S)

Laws 1995, c. 615, § 2; Laws 1999, c. 1051, § 156.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.385

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Graffiti-Related Offenses

164.385. Laws 1967, c. 243, § 1; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.386

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Graffiti-Related Offenses

164.386. Unlawfully possessing graffiti implement

(1) A person commits the offense of unlawfully possessing a graffiti implement if the person possesses a graffiti implement with the intent of using the graffiti implement in violation of ORS 164.383.

(2) Unlawfully possessing a graffiti implement is a Class C violation. Upon a conviction for unlawfully possessing a graffiti implement, a court, in addition to any fine it imposes and pursuant to ORS 137.128 but notwithstanding ORS 137.129, may order the defendant to perform up to 50 hours of community service. The community service must include removing graffiti, either those that the defendant created or those created by another, or both.

(3) If the court orders community service, the community service must be completed within six months after entry of the order unless the person shows good cause why community service cannot be completed within the six-month time period.

CREDIT(S)

Laws 1995, c. 615, § 3; Laws 1999, c. 1051, § 157.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.388

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Graffiti-Related Offenses

164.388. Preemption

The provisions of ORS 137.131, 164.381 to 164.386 and 419C.461 are not intended to preempt any local regulation of graffiti or graffiti-related activities or any prosecution under ORS 164.345, 164.354 or 164.365.

CREDIT(S)

Laws 1995, c. 615, § 7; Laws 1999, c. 1040, § 6.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.390

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Graffiti-Related Offenses

164.390. Laws 1959, c. 626, §§ 1,4; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.392

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Graffiti-Related Offenses

164.392. Laws 1959, c. 626, §§ 2,3; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

W. Va. Code, § 61-3-34

Effective:[See Text Amendments]

West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 3. Crimes Against Property (Refs & Annos)

§ 61-3-34. Taking or injuring garden or field crops; penalties

If a person enters the orchard, field, garden or market garden of another person, without the consent of the owner or occupier thereof, and does any damage to the fruit, vegetables, grain or grass growing or being thereon, or takes, carries away, injures or destroys any of the grain, fruit, grass or vegetables growing or being thereon, the person is guilty of a misdemeanor, and, upon conviction, shall be fined not more than five hundred dollars, or confined in jail not exceeding six months, or both. If a person commits any of the acts mentioned herein, and if it is charged in the indictment or information and proved that the property injured or destroyed, or taken or carried away, is of a greater value than one thousand dollars, the person is guilty of a felony, and, upon conviction, shall be imprisoned in the penitentiary not less than one year nor more than ten years, or, in the discretion of the court, be confined in jail not more than one year and fined not less than fifty nor more than two thousand five hundred dollars.

CREDIT(S)

Acts 1866, c. 58; Acts 1903, c. 41; Acts 1994, c. 108.

Formerly Code 1868, c. 145, § 28; Code 1923, c. 145, § 28a.

Current through S.B. 412 of 2013 Reg. Sess.

W. Va. Code, § 61-3-35

Effective:[See Text Amendments]

West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 3. Crimes Against Property (Refs & Annos)

§ 61-3-35. Digging cultivated ginseng; penalty

It shall be unlawful for any person to dig cultivated ginseng or prospect for the same, on the lands of another without the consent of the owner or owners thereof first obtained. The property must be properly posted with “No Trespassing” signs, “Private Property” signs, or other signs that explain to a person to stay off the property. The signs must be of reasonable size to be read by an average person and must be posted at reasonable intervals of at least two hundred feet around the property.

Any person violating this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars.

CREDIT(S)

Acts 1872-3, c. 158; Acts 1996, c. 100, eff. 90 days after March 9, 1996.

Formerly Code 1923, c. 145, § 28b.

Current through S.B. 412 of 2013 Reg. Sess.

W. Va. Code, § 61-3-36

Effective:[See Text Amendments]

West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 3. Crimes Against Property (Refs & Annos)

§ 61-3-36. Anchoring or beaching shanty boats on lands of another; penalties

If any person, being the owner or occupier of any shanty boat, or boat of like kind, who anchors, ties or beaches such boat upon the real estate of another for a longer period than twelve hours, except in case of distress, without the permission of the owner or agent of the owner of such real estate, upon which such boat is anchored, tied or beached, he shall be guilty of a misdemeanor, and, upon conviction, shall be fined not more than fifty dollars, or confined in the county jail not more than thirty days, in the discretion of the court. And each twelve hours that such owner or occupier, after having been notified to remove, allows such boat to remain at such place, or anchored, tied or beached upon the premises of such owner, shall be treated as a separate offense. And any such person having been notified to remove such boat, who shall, within thirty days thereafter, gain anchor, tie or beach any boat upon the real estate of such owner, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not exceeding fifty dollars and imprisoned in the county jail not exceeding thirty days. Any justice of the peace in any county of the State where such offense or offenses shall be committed shall have jurisdiction thereof.

CREDIT(S)

Acts 1895, c. 22.

Formerly Code 1923, c. 145, § 28c.

Current through S.B. 412 of 2013 Reg. Sess.

C.R.S.A. § 18-13-109.5

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 13. Miscellaneous Offenses (Refs & Annos)

§ 18-13-109.5. Intentionally setting wildfire

(1) A person commits the crime of intentionally setting a wildfire if he or she:

(a)(I) Intentionally and without lawful authority sets on fire, or causes to be set on fire, any woods, prairie, or grounds of any description, other than his or her own; or

(II) Intentionally permits a fire, set or caused to be set by such person, to pass from his or her own grounds to the grounds of another; and

(b) By so doing, places another in danger of death or serious bodily injury or places any building or occupied structure of another in danger of damage.

(2) Intentionally setting a wildfire is a class 3 felony.

(3) For purposes of this section, “building” shall have the same meaning as set forth in section 18-4-101(1) and “occupied structure” shall have the same meaning as set forth in section 18-4-101(2).

CREDIT(S)

Added by Laws 2002, 3rd Ex.Sess., Ch. 2, § 3, eff. July 17, 2002.

Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121

V.T.C.A., Penal Code § 28.01

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 28. Arson, Criminal Mischief, and Other Property Damage or Destruction (Refs & Annos)

§ 28.01. Definitions

In this chapter:

(1) “Habitation” means a structure or vehicle that is adapted for the overnight accommodation of persons and includes:

(A) each separately secured or occupied portion of the structure or vehicle; and

(B) each structure appurtenant to or connected with the structure or vehicle.

(2) “Building” means any structure or enclosure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use.

(3) “Property” means:

(A) real property;

(B) tangible or intangible personal property, including anything severed from land; or

(C) a document, including money, that represents or embodies anything of value.

(4) “Vehicle” includes any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation.

(5) “Open-space land” means real property that is undeveloped for the purpose of human habitation.

(6) “Controlled burning” means the burning of unwanted vegetation with the consent of the owner of the property on which the vegetation is located and in such a manner that the fire is controlled and limited to a designated area.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 1216, ch. 588, § 1, eff. Sept. 1, 1979; Acts 1989, 71st Leg., ch. 31, § 1, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 28.02

Effective: September 1, 2009

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 28. Arson, Criminal Mischief, and Other Property Damage or Destruction (Refs & Annos)

§ 28.02. Arson

(a) A person commits an offense if the person starts a fire, regardless of whether the fire continues after ignition, or causes an explosion with intent to destroy or damage:

(1) any vegetation, fence, or structure on open-space land; or

(2) any building, habitation, or vehicle:

(A) knowing that it is within the limits of an incorporated city or town;

(B) knowing that it is insured against damage or destruction;

(C) knowing that it is subject to a mortgage or other security interest;

(D) knowing that it is located on property belonging to another;

(E) knowing that it has located within it property belonging to another; or

(F) when the person is reckless about whether the burning or explosion will endanger the life of some individual or the safety of the property of another.

(a-1) A person commits an offense if the person recklessly starts a fire or causes an explosion while manufacturing or attempting to manufacture a controlled substance and the fire or explosion damages any building, habitation, or vehicle.

(a-2) A person commits an offense if the person intentionally starts a fire or causes an explosion and in so doing:

(1) recklessly damages or destroys a building belonging to another; or

(2) recklessly causes another person to suffer bodily injury or death.

(b) It is an exception to the application of Subsection (a)(1) that the fire or explosion was a part of the controlled burning of open-space land.

(c) It is a defense to prosecution under Subsection (a)(2)(A) that prior to starting the fire or causing the explosion, the actor obtained a permit or other written authorization granted in accordance with a city ordinance, if any, regulating fires and explosions.

(d) An offense under Subsection (a) is a felony of the second degree, except that the offense is a felony of the first degree if it is shown on the trial of the offense that:

(1) bodily injury or death was suffered by any person by reason of the commission of the offense; or

(2) the property intended to be damaged or destroyed by the actor was a habitation or a place of assembly or worship.

(e) An offense under Subsection (a-1) is a state jail felony, except that the offense is a felony of the third degree if it is shown on the trial of the offense that bodily injury or death was suffered by any person by reason of the commission of the offense.

(f) An offense under Subsection (a-2) is a state jail felony.

(g) If conduct that constitutes an offense under Subsection (a-1) or that constitutes an offense under Subsection (a-2) also constitutes an offense under another subsection of this section or another section of this code, the actor may be prosecuted under Subsection (a-1) or Subsection (a-2), under the other subsection of this section, or under the other section of this code.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 1216, ch. 588, § 2, eff. Sept. 1, 1979; Acts 1981, 67th Leg., p. 1837, ch. 425, § 1, eff. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 31, § 2, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 1006, § 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 976, § 1, eff. Sept. 1, 2001; Acts 2005, 79th Leg., ch. 960, § 1, eff. Sept. 1, 2005; Acts 2009, 81st Leg., ch. 1168, § 1, eff. Sept. 1, 2009.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 28.03

Effective: September 1, 2009

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 28. Arson, Criminal Mischief, and Other Property Damage or Destruction (Refs & Annos)

§ 28.03. Criminal Mischief

(a) A person commits an offense if, without the effective consent of the owner:

(1) he intentionally or knowingly damages or destroys the tangible property of the owner;

(2) he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person; or

(3) he intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner.

(b) Except as provided by Subsections (f) and (h), an offense under this section is:

(1) a Class C misdemeanor if:

(A) the amount of pecuniary loss is less than $50; or

(B) except as provided in Subdivision (3)(A) or (3)(B), it causes substantial inconvenience to others;

(2) a Class B misdemeanor if the amount of pecuniary loss is $50 or more but less than $500;

(3) a Class A misdemeanor if:

(A) the amount of pecuniary loss is $500 or more but less than $1,500; or

(B) the actor causes in whole or in part impairment or interruption of any public water supply, or causes to be diverted in whole, in part, or in any manner, including installation or removal of any device for any such purpose, any public water supply, regardless of the amount of the pecuniary loss;

(4) a state jail felony if the amount of pecuniary loss is:

(A) $1,500 or more but less than $20,000;

(B) less than $1,500, if the property damaged or destroyed is a habitation and if the damage or destruction is caused by a firearm or explosive weapon;

(C) less than $1,500, if the property was a fence used for the production or containment of:

(i) cattle, bison, horses, sheep, swine, goats, exotic livestock, or exotic poultry; or

(ii) game animals as that term is defined by Section 63.001, Parks and Wildlife Code; or

(D) less than $20,000 and the actor causes wholly or partly impairment or interruption of public communications, public transportation, public gas or power supply, or other public service, or causes to be diverted wholly, partly, or in any manner, including installation or removal of any device for any such purpose, any public communications or public gas or power supply;

(5) a felony of the third degree if the amount of the pecuniary loss is $20,000 or more but less than $100,000;

(6) a felony of the second degree if the amount of pecuniary loss is $100,000 or more but less than $200,000; or

(7) a felony of the first degree if the amount of pecuniary loss is $200,000 or more.

(c) For the purposes of this section, it shall be presumed that a person who is receiving the economic benefit of public communications, public water, gas, or power supply, has knowingly tampered with the tangible property of the owner if the communication or supply has been:

(1) diverted from passing through a metering device; or

(2) prevented from being correctly registered by a metering device; or

(3) activated by any device installed to obtain public communications, public water, gas, or power supply without a metering device.

(d) The terms “public communication, public transportation, public gas or power supply, or other public service” and “public water supply” shall mean, refer to, and include any such services subject to regulation by the Public Utility Commission of Texas, the Railroad Commission of Texas, or the Texas Natural Resource Conservation Commission or any such services enfranchised by the State of Texas or any political subdivision thereof.

(e) When more than one item of tangible property, belonging to one or more owners, is damaged, destroyed, or tampered with in violation of this section pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense, and the amounts of pecuniary loss to property resulting from the damage to, destruction of, or tampering with the property may be aggregated in determining the grade of the offense.

(f) An offense under this section is a state jail felony if the damage or destruction is inflicted on a place of worship or human burial, a public monument, or a community center that provides medical, social, or educational programs and the amount of the pecuniary loss to real property or to tangible personal property is less than $20,000.

(g) In this section:

(1) “Explosive weapon” means any explosive or incendiary device that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes:

(A) an explosive or incendiary bomb, grenade, rocket, and mine;

(B) a device designed, made, or adapted for delivering or shooting an explosive weapon; and

(C) a device designed, made, or adapted to start a fire in a time-delayed manner.

(2) “Firearm” has the meaning assigned by Section 46.01.

(3) “Institution of higher education” has the meaning assigned by Section 61.003, Education Code.

(4) “Aluminum wiring” means insulated or noninsulated wire or cable that consists of at least 50 percent aluminum, including any tubing or conduit attached to the wire or cable.

(5) “Bronze wiring” means insulated or noninsulated wire or cable that consists of at least 50 percent bronze, including any tubing or conduit attached to the wire or cable.

(6) “Copper wiring” means insulated or noninsulated wire or cable that consists of at least 50 percent copper, including any tubing or conduit attached to the wire or cable.

(7) “Transportation communications equipment” means:

(A) an official traffic-control device, railroad sign or signal, or traffic-control signal, as those terms are defined by Section 541.304, Transportation Code; or

(B) a sign, signal, or device erected by a railroad, public body, or public officer to direct the movement of a railroad train, as defined by Section 541.202, Transportation Code.

(8) “Transportation communications device” means any item attached to transportation communications equipment, including aluminum wiring, bronze wiring, and copper wiring.

(h) An offense under this section is a state jail felony if the amount of the pecuniary loss to real property or to tangible personal property is $1,500 or more but less than $20,000 and the damage or destruction is inflicted on a public or private elementary school, secondary school, or institution of higher education.

(i) Notwithstanding Subsection (b), an offense under this section is a felony of the first degree if the property is livestock and the damage is caused by introducing bovine spongiform encephalopathy, commonly known as mad cow disease, or a disease described by Section 161.041(a), Agriculture Code. In this subsection, “livestock” has the meaning assigned by Section 161.001, Agriculture Code.

(j) Notwithstanding Subsection (b), an offense under this section is a felony of the third degree if:

(1) the tangible property damaged, destroyed, or tampered with is transportation communications equipment or a transportation communications device; and

(2) the amount of the pecuniary loss to the tangible property is less than $100,000.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1981, 67th Leg., p. 66, ch. 29, § 1, eff. Aug. 31, 1981; Acts 1983, 68th Leg., p. 2917, ch. 497, § 1, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 352, § 1, eff. Sept. 1, 1985; Acts 1989, 71st Leg., ch. 559, § 1, eff. June 14, 1989; Acts 1989, 71st Leg., ch. 1253, § 1, eff. Sept. 1, 1989; Acts 1989, 71st Leg., 1st C.S., ch. 42, § 1, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 76, § 11.280, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1083, § 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 686, § 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 747, § 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 976, § 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1280, § 1, eff. Sept. 1, 2003; Acts 2007, 80th Leg., ch. 690, §§ 1, 2, eff. Sept. 1, 2007; Acts 2009, 81st Leg., ch. 638, § 1, eff. Sept. 1, 2009.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 28.04

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 28. Arson, Criminal Mischief, and Other Property Damage or Destruction (Refs & Annos)

§ 28.04. Reckless Damage or Destruction

(a) A person commits an offense if, without the effective consent of the owner, he recklessly damages or destroys property of the owner.

(b) An offense under this section is a Class C misdemeanor.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 28.05

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 28. Arson, Criminal Mischief, and Other Property Damage or Destruction (Refs & Annos)

§ 28.05. Actor's Interest in Property

It is no defense to prosecution under this chapter that the actor has an interest in the property damaged or destroyed if another person also has an interest that the actor is not entitled to infringe.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 28.06

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 28. Arson, Criminal Mischief, and Other Property Damage or Destruction (Refs & Annos)

§ 28.06. Amount of Pecuniary Loss

(a) The amount of pecuniary loss under this chapter, if the property is destroyed, is:

(1) the fair market value of the property at the time and place of the destruction; or

(2) if the fair market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the destruction.

(b) The amount of pecuniary loss under this chapter, if the property is damaged, is the cost of repairing or restoring the damaged property within a reasonable time after the damage occurred.

(c) The amount of pecuniary loss under this chapter for documents, other than those having a readily ascertainable market value, is:

(1) the amount due and collectible at maturity less any part that has been satisfied, if the document constitutes evidence of a debt; or

(2) the greatest amount of economic loss that the owner might reasonably suffer by virtue of the destruction or damage if the document is other than evidence of a debt.

(d) If the amount of pecuniary loss cannot be ascertained by the criteria set forth in Subsections (a) through (c), the amount of loss is deemed to be greater than $500 but less than $1,500.

(e) If the actor proves by a preponderance of the evidence that he gave consideration for or had a legal interest in the property involved, the value of the interest so proven shall be deducted from:

(1) the amount of pecuniary loss if the property is destroyed; or

(2) the amount of pecuniary loss to the extent of an amount equal to the ratio the value of the interest bears to the total value of the property, if the property is damaged.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 2918, ch. 497, § 2, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 28.07

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 28. Arson, Criminal Mischief, and Other Property Damage or Destruction (Refs & Annos)

§ 28.07. Interference with Railroad Property

(a) In this section:

(1) “Railroad property” means:

(A) a train, locomotive, railroad car, caboose, work equipment, rolling stock, safety device, switch, or connection that is owned, leased, operated, or possessed by a railroad; or

(B) a railroad track, rail, bridge, trestle, or right-of-way owned or used by a railroad.

(2) “Tamper” means to move, alter, or interfere with railroad property.

(b) A person commits an offense if the person:

(1) throws an object or discharges a firearm or weapon at a train or rail-mounted work equipment; or

(2) without the effective consent of the owner:

(A) enters or remains on railroad property, knowing that it is railroad property;

(B) tampers with railroad property;

(C) places an obstruction on a railroad track or right-of-way; or

(D) causes in any manner the derailment of a train, railroad car, or other railroad property that moves on tracks.

(c) An offense under Subsection (b)(1) is a Class B misdemeanor unless the person causes bodily injury to another, in which event the offense is a felony of the third degree.

(d) An offense under Subsection (b)(2)(A) is a Class C misdemeanor.

(e) An offense under Subsection (b)(2)(B), (b)(2)(C), or (b)(2)(D) is a Class C misdemeanor unless the person causes pecuniary loss, in which event the offense is:

(1) a Class B misdemeanor if the amount of pecuniary loss is $20 or more but less than $500;

(2) a Class A misdemeanor if the amount of pecuniary loss is $500 or more but less than $1,500;

(3) a state jail felony if the amount of pecuniary loss is $1,500 or more but less than $20,000;

(4) a felony of the third degree if the amount of the pecuniary loss is $20,000 or more but less than $100,000;

(5) a felony of the second degree if the amount of pecuniary loss is $100,000 or more but less than $200,000; or

(6) a felony of the first degree if the amount of the pecuniary loss is $200,000 or more.

(f) The conduct described in Subsection (b)(2)(A) is not an offense under this section if it is undertaken by an employee of the railroad or by a representative of a labor organization which represents or is seeking to represent the employees of the railroad as long as the employee or representative has a right to engage in such conduct under the Railway Labor Act (45 U.S.C. Section 151 et seq.).

CREDIT(S)

Added by Acts 1989, 71st Leg., ch. 908, § 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 28.08

Effective: September 1, 2009

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 28. Arson, Criminal Mischief, and Other Property Damage or Destruction (Refs & Annos)

§ 28.08. Graffiti

(a) A person commits an offense if, without the effective consent of the owner, the person intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner with:

(1) paint;

(2) an indelible marker; or

(3) an etching or engraving device.

(b) Except as provided by Subsection (d), an offense under this section is:

(1) a Class B misdemeanor if the amount of pecuniary loss is less than $500;

(2) a Class A misdemeanor if the amount of pecuniary loss is $500 or more but less than $1,500;

(3) a state jail felony if the amount of pecuniary loss is $1,500 or more but less than $20,000;

(4) a felony of the third degree if the amount of pecuniary loss is $20,000 or more but less than $100,000;

(5) a felony of the second degree if the amount of pecuniary loss is $100,000 or more but less than $200,000; or

(6) a felony of the first degree if the amount of pecuniary loss is $200,000 or more.

(c) When more than one item of tangible property, belonging to one or more owners, is marked in violation of this section pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense, and the amounts of pecuniary loss to property resulting from the marking of the property may be aggregated in determining the grade of the offense.

(d) An offense under this section is a state jail felony if:

(1) the marking is made on a school, an institution of higher education, a place of worship or human burial, a public monument, or a community center that provides medical, social, or educational programs; and

(2) the amount of the pecuniary loss to real property or to tangible personal property is less than $20,000.

(e) In this section:

(1) “Aerosol paint” means an aerosolized paint product.

(2) “Etching or engraving device” means a device that makes a delineation or impression on tangible property, regardless of the manufacturer's intended use for that device.

(3) “Indelible marker” means a device that makes a mark with a paint or ink product that is specifically formulated to be more difficult to erase, wash out, or remove than ordinary paint or ink products.

(4) “Institution of higher education” has the meaning assigned by Section 481.134, Health and Safety Code.

(5) “School” means a private or public elementary or secondary school.

CREDIT(S)

Added by Acts 1997, 75th Leg., ch. 593, § 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 166, §§ 1, 2, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 695, § 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1420, § 16.001, eff. Sept. 1, 2001; Acts 2009, 81st Leg., ch. 639, § 4, eff. Sept. 1, 2009.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

I.C. § 18-6718

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 67. Communications Security

§ 18-6718. Opening sealed mail or packages

(1) Every person who willfully opens or breaks the seal, or reads, or causes to be read, any sealed mail not addressed to such person without being authorized to do so either by the writer or by the person to whom it is addressed, and every person who, without the like authority, publishes any of the contents of such mail knowing the same to have been unlawfully opened, is guilty of a misdemeanor.

(2) For the purposes of this section, “mail” means any written communication or package that is designed to be carried by the United States postal service or any other federally regulated carrier of packages, parcels or letters.

CREDIT(S)

S.L. 1980, ch. 326, § 2; S.L. 1994, ch. 167, § 7.

Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013

I.C. § 18-801

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 8. Arson

§ 18-801. Arson--Definitions

In this chapter, the following terms have the following meanings:

(1) “Damage”, in addition to its ordinary meaning, includes any charring, scorching, burning or breaking, and shall include any diminution in the value of any property as a consequence of an act;

(2) “Dwelling” means any structure used or intended for use as human habitation;

(3) “Structure” means any building of any kind, including fixtures and appurtenances attached thereto, any coliseum, bridge or carport, any tent or other portable building, or any vehicle, vessel, watercraft or aircraft;

(4) “Real property” means any land, and shall include any crops growing thereon;

(5) “Personal property” means any tangible property, including anything severed from the land;

(6) “Forest land” means any brush covered land, cut-over land, forest, prairie, grasslands, wetlands or woods;

(7) “Firefighter” means any person assisting in the suppression or extinguishment of any fire or explosion.

CREDIT(S)

S.L. 1993, ch. 107, § 2.

Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013

I.C. § 18-802

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 8. Arson

§ 18-802. Arson in first degree--Burning of dwelling or other structures where persons are normally present--Penalties

Any person who willfully and unlawfully, by fire or explosion, damages:

(1) Any dwelling, whether occupied or not; or

(2) Any structure, whether occupied or not, in which persons are normally present, including without limitation: jails, prisons or detention centers; hospitals, nursing homes or other health care facilities; department stores, office buildings, business establishments, churches or educational institutions, or other similar structures; or

(3) Any other structure which the actor has reasonable grounds to believe is occupied by a human being; or

(4) Any real or personal property, whether the property of the actor or another, with the intent to deceive or harm any insurer or any person with a legal or financial interest in the property, or obtain any financial gain for the actor or another;

is guilty of arson in the first degree, and upon conviction thereof shall be sentenced to the custody of the department of correction for not more than twenty-five (25) years or fined not more than one hundred thousand dollars ($100,000) or both.

CREDIT(S)

S.L. 1993, ch. 107, § 3.

Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013

I.C. § 18-803

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 8. Arson

§ 18-803. Arson in the second degree--Burning of a structure--Penalties

Any person who willfully and unlawfully, by fire or explosion, damages any structure, whether the property of the actor or another, not included or described in the preceding section, is guilty of arson in the second degree, and upon conviction thereof shall be sentenced to the custody of the department of correction for not more than fifteen (15) years or fined not more than seventy-five thousand dollars ($75,000) or both.

CREDIT(S)

S.L. 1993, ch. 107, § 4.

Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013

I.C. § 18-804

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 8. Arson

§ 18-804. Arson in the third degree--Burning of real or personal property or forest land--Penalties

Any person who willfully and unlawfully, by fire or explosion, damages:

(1) Any real or personal property of another; or

(2) Any forest land;

is guilty of arson in the third degree, and upon conviction thereof shall be sentenced to the custody of the department of correction for not more than ten (10) years or fined not more than fifty thousand dollars ($50,000) or both.

CREDIT(S)

S.L. 1993, ch. 107, § 5.

Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013

I.C. § 18-805

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 8. Arson

§ 18-805. Aggravated arson--Penalties

A person whose violation of sections 18-802, 18-803 or 18-804, Idaho Code, results, directly or indirectly, in great bodily harm, permanent disability, permanent disfigurement or death of a firefighter or any other person, regardless of intent or lack of intent to cause such harm, upon a finding of guilt thereon shall be sentenced to an extended term of imprisonment. The extended term of imprisonment shall be computed by increasing the sentence imposed for a conviction under such sections, by a period of not more than ten (10) years.

CREDIT(S)

S.L. 1993, ch. 107, § 6.

Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013

I.C. § 18-806

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 8. Arson

§ 18-806. Repealed by S.L. 1972, ch. 109, § 1, eff. April 1, 1972

Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013

C.R.S.A. § 18-4-516

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 4. Offenses Against Property (Refs & Annos)

Part 5. Trespass, Tampering, and Criminal Mischief (Refs & Annos)

§ 18-4-516. Criminal operation of a device in motion picture theater

(1) A person who, while within a motion picture theater, knowingly operates an audiovisual recording function of a device for the purpose of recording a motion picture, while a motion picture is being exhibited, without the consent of the owner or lessee of the motion picture theater, commits the offense of criminal operation of a device in a motion picture theater.

(2) Criminal operation of a device in a motion picture theater is a class 1 misdemeanor.

(3) If a person operates or appears to operate an audiovisual recording function for the purpose of recording a motion picture in a motion picture theater, the owner or lessee of a facility in which a motion picture is being exhibited, or the authorized agent or employee of the owner of lessee, or any peace or police officer, acting in good faith and upon probable cause based upon reasonable grounds therefor, may detain and question such person, in a reasonable manner for the purpose of ascertaining whether the person is guilty of criminal operation of a device in motion picture theater. Such questioning of a person by the owner or lessee of a motion picture theater, or the authorized agent or employee of the owner or lessee, or peace or police officer does not render the owner or lessee of a motion picture theater, or the authorized agent or employee of the owner or lessee, or peace or police officer civilly or criminally liable for slander, false arrest, false imprisonment, malicious prosecution, or unlawful detention.

(4) This section does not prevent a lawfully authorized investigative, law enforcement, or intelligence-gathering employee or agent of the state or federal government, while operating within the scope of lawfully authorized investigative, protective, law enforcement, or intelligence-gathering activities, from operating an audiovisual recording function of a device in a motion picture theater.

(5) Nothing in this section prevents prosecution under any other provision of law providing for greater penalty.

(6) As used in this section:

(a) “Audiovisual recording function” means the capability of a device to record or transmit a motion picture or any part thereof by means of any technology now known or hereafter developed.

(b) “Motion picture theater” means a movie theater, screening room, or other venue when used primarily for the exhibition of motion pictures.

CREDIT(S)

Added by Laws 2004, Ch. 257, § 1, eff. July 1, 2004.

Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121

Effective: January 1, 2013

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part C. Offenses Directed Against Property

Article 21. Damage and Trespass to Property (Refs & Annos)

Subdivision 10. Miscellaneous Offenses

5/21-10. Criminal use of a motion picture exhibition facility.

§ 21-10. Criminal use of a motion picture exhibition facility.

(a) A person commits criminal use of a motion picture exhibition facility, when he or she, where a motion picture is being exhibited, knowingly operates an audiovisual recording function of a device without the consent of the owner or lessee of that exhibition facility and of the licensor of the motion picture being exhibited.

(b) Sentence. Criminal use of a motion picture exhibition facility is a Class 4 felony.

(c) The owner or lessee of a facility where a motion picture is being exhibited, the authorized agent or employee of that owner or lessee, or the licensor of the motion picture being exhibited or his or her agent or employee, who alerts law enforcement authorities of an alleged violation of this Section is not liable in any civil action arising out of measures taken by that owner, lessee, licensor, agent, or employee in the course of subsequently detaining a person that the owner, lessee, licensor, agent, or employee, in good faith believed to have violated this Section while awaiting the arrival of law enforcement authorities, unless the plaintiff in such an action shows by clear and convincing evidence that such measures were manifestly unreasonable or the period of detention was unreasonably long.

(d) This Section does not prevent any lawfully authorized investigative, law enforcement, protective, or intelligence gathering employee or agent of the State or federal government from operating any audiovisual recording device in any facility where a motion picture is being exhibited as part of lawfully authorized investigative, protective, law enforcement, or intelligence gathering activities.

(e) This Section does not apply to a person who operates an audiovisual recording function of a device in a retail establishment solely to demonstrate the use of that device for sales and display purposes.

(f) Nothing in this Section prevents the prosecution for conduct that constitutes a violation of this Section under any other provision of law providing for a greater penalty.

(g) In this Section, "audiovisual recording function" means the capability of a device to record or transmit a motion picture or any part of a motion picture by means of any technology now known or later developed and "facility" does not include a personal residence.

CREDIT(S)

Laws 1961, p. 1983, §21-10, added by P.A. 93-804, § 5, eff. July 24, 2004. Amended by P.A. 97-1108, § 10-5, eff. Jan. 1, 2013.

Current through P.A. 98-16 of the 2013 Reg. Sess.

720 ILCS 5/21-11

Effective: January 1, 2013

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part C. Offenses Directed Against Property

Article 21. Damage and Trespass to Property (Refs & Annos)

Subdivision 10. Miscellaneous Offenses

5/21-11. Distributing or delivering written or printed solicitation on school property

§ 21-11. Distributing or delivering written or printed solicitation on school property.

(a) Distributing or delivering written or printed solicitation on school property or within 1,000 feet of school property, for the purpose of inviting students to any event when a significant purpose of the event is to commit illegal acts or to solicit attendees to commit illegal acts, or to be held in or around abandoned buildings, is prohibited.

(b) For the purposes of this Section, "school property" is defined as the buildings or grounds of any public or private elementary or secondary school.

(c) Sentence. A violation of this Section is a Class C misdemeanor.

CREDIT(S)

Laws 1961, p. 1983, § 21-11, added by P.A. 97-1108, § 10-5, eff. Jan. 1, 2013.

Current through P.A. 98-16 of the 2013 Reg. Sess.

ILCS Ch. 720, ACT 5, T. III, Pt. C, Art. 21.1, Refs & Annos

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012

Title III. Specific Offenses

Part C. Offenses Directed Against Property

Article 21.1. Residential Picketing

DATE EFFECTIVE

<Article 21.1 was added by Laws 1967, p. 940, § 1, eff. July 1, 1967.>

Current through P.A. 98-16 of the 2013 Reg. Sess.

720 ILCS 5/21.1-1

Formerly cited as IL ST CH 38 ¶ 21.1-1

Effective:[See Text Amendments]

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part C. Offenses Directed Against Property

Article 21.1. Residential Picketing (Refs & Annos)

5/21.1-1. Legislative finding and declaration

§ 21.1-1. Legislative finding and declaration. The Legislature finds and declares that men in a free society have the right to quiet enjoyment of their homes; that the stability of community and family life cannot be maintained unless the right to privacy and a sense of security and peace in the home are respected and encouraged; that residential picketing, however just the cause inspiring it, disrupts home, family and communal life; that residential picketing is inappropriate in our society, where the jealously guarded rights of free speech and assembly have always been associated with respect for the rights of others. For these reasons the Legislature finds and declares this Article to be necessary.

CREDIT(S)

Laws 1961, p. 1983, § 21.1-1, added by Laws 1967, p. 940, § 1, eff. July 1, 1967.

Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 21.1-1.

Current through P.A. 98-16 of the 2013 Reg. Sess.

720 ILCS 5/21.1-2

Formerly cited as IL ST CH 38 ¶ 21.1-2

Effective: January 1, 2013

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part C. Offenses Directed Against Property

Article 21.1. Residential Picketing (Refs & Annos)

5/21.1-2. Residential picketing

§ 21.1-2. Residential picketing. A person commits residential picketing when he or she pickets before or about the residence or dwelling of any person, except when the residence or dwelling is used as a place of business. This Article does not apply to a person peacefully picketing his own residence or dwelling and does not prohibit the peaceful picketing of the place of holding a meeting or assembly on premises commonly used to discuss subjects of general public interest.

CREDIT(S)

Laws 1961, p. 1983, § 21.1-2, added by Laws 1967, p. 940, § 1, eff. July 1, 1967. Amended by P.A. 81-1270, § 1, eff. July 3, 1980; P.A. 97-1108, § 10-5, eff. Jan. 1, 2013.

Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 21.1-2.

Current through P.A. 98-16 of the 2013 Reg. Sess.

720 ILCS 5/21.1-3

Formerly cited as IL ST CH 38 ¶ 21.1-3

Effective:[See Text Amendments]

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part C. Offenses Directed Against Property

Article 21.1. Residential Picketing (Refs & Annos)

5/21.1-3. Sentence

§ 21.1-3. Sentence. Violation of Section 21.1-2 is a Class B misdemeanor.

CREDIT(S)

Laws 1961, p. 1983, § 21.1-3, added by Laws 1967, p. 940, § 1, eff. July 1, 1967. Amended by P.A. 77-2638, § 1, eff. Jan. 1, 1973.

Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 21.1-3.

Current through P.A. 98-16 of the 2013 Reg. Sess.

ILCS Ch. 720, ACT 5, T. III, Pt. C, Art. 21.2, Refs & Annos

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012

Title III. Specific Offenses

Part C. Offenses Directed Against Property

Article 21.2. Interference with a Public Institution of Education

DATE EFFECTIVE

<Article 21.2 was added by P.A. 76-1582, eff. Sept. 26, 1969.>

<The Article heading was amended by P.A. 96-807, § 5, eff. Jan. 1, 2010 to read "Interference with a Public Institution of Education" from "Interference with a Public Institution of Higher Education" .>

Current through P.A. 98-16 of the 2013 Reg. Sess.

720 ILCS 5/21.2-1

Formerly cited as IL ST CH 38 ¶ 21.2-1

Effective: January 1, 2010

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part C. Offenses Directed Against Property

Article 21.2. Interference with a Public Institution of Education (Refs & Annos)

5/21.2-1. Legislative declaration; construction

§ 21.2-1. The General Assembly, in recognition of unlawful campus and school disorders across the nation which are disruptive of the educational process, dangerous to the health and safety of persons, damaging to public and private property, and which divert the use of institutional facilities from the primary function of education, establishes by this Act criminal penalties for conduct declared in this Article to be unlawful. However, this Article does not modify or supersede any other law relating to damage to persons or property, nor does it prevent a public institution of education from establishing restrictions upon the availability or use of any building or other facility owned, operated or controlled by the institution to preserve their dedication to education, nor from establishing standards of scholastic and behavioral conduct reasonably relevant to the missions, processes and functions of the institution, nor from invoking appropriate discipline or expulsion for violations of such standards.

CREDIT(S)

Laws 1961, p. 1983, § 21.2-1, added by P.A. 76-1582, § 1, eff. Sept. 26, 1969. Amended by P.A. 96-807, § 5, eff. Jan. 1, 2010.

Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 21.2-1.

Current through P.A. 98-16 of the 2013 Reg. Sess.

720 ILCS 5/21.2-2

Formerly cited as IL ST CH 38 ¶ 21.2-2

Effective: January 1, 2013

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part C. Offenses Directed Against Property

Article 21.2. Interference with a Public Institution of Education (Refs & Annos)

5/21.2-2. Interference with a public institution of education

§ 21.2-2. Interference with a public institution of education. A person commits interference with a public institution of education when he or she, on the campus of a public institution of education, or at or in any building or other facility owned, operated or controlled by the institution, without authority from the institution he or she, through force or violence, actual or threatened:

(1) knowingly denies to a trustee, school board member, superintendent, principal, employee, student or invitee of the institution:

(A) Freedom of movement at that place; or

(B) Use of the property or facilities of the institution; or

(C) The right of ingress or egress to the property or facilities of the institution; or

(2) knowingly impedes, obstructs, interferes with or disrupts:

(A) the performance of institutional duties by a trustee, school board member, superintendent, principal, or employee of the institution; or

(B) the pursuit of educational activities, as determined or prescribed by the institution, by a trustee, school board member, superintendent, principal, employee, student or invitee of the institution; or

(3) knowingly occupies or remains in or at any building, property or other facility owned, operated or controlled by the institution after due notice to depart.

CREDIT(S)

Laws 1961, p. 1983, § 21.2-2, added by P.A. 76-1582, § 1, eff. Sept. 26, 1969. Amended by P.A. 96-807, § 5, eff. Jan. 1, 2010; P.A. 97-1108, § 10-5, eff. Jan. 1, 2013.

Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 21.2-2.

Current through P.A. 98-16 of the 2013 Reg. Sess.

720 ILCS 5/21.2-3

Formerly cited as IL ST CH 38 ¶ 21.2-3

Effective: January 1, 2010

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part C. Offenses Directed Against Property

Article 21.2. Interference with a Public Institution of Education (Refs & Annos)

5/21.2-3. Lawful assembly; petition for redress not prohibited

§ 21.2-3. Nothing in this Article prevents lawful assembly of the trustees, school board members, superintendent, principal, employees, students or invitees of a public institution of education, or prevents orderly petition for redress of grievances.

CREDIT(S)

Laws 1961, p. 1981, § 21.2-3, added by P.A. 76-1582, § 1, eff. Sept. 26, 1969. Amended by P.A. 96-807, § 5, eff. Jan. 1, 2010.

Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 21.2-3.

Current through P.A. 98-16 of the 2013 Reg. Sess.

720 ILCS 5/21.2-4

Formerly cited as IL ST CH 38 ¶ 21.2-4

Effective: January 1, 2010

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part C. Offenses Directed Against Property

Article 21.2. Interference with a Public Institution of Education (Refs & Annos)

5/21.2-4. Sentence

§ 21.2-4. Sentence. A person convicted of violation of this Article commits a Class C misdemeanor for the first offense and for a second or subsequent offense commits a Class B misdemeanor. If the interference with the public institution of education is accompanied by a threat of personal injury or property damage, the person commits a Class 3 felony and may be sentenced to a term of imprisonment of not less than 2 years and not more than 10 years and may be prosecuted for intimidation in accordance with Section 12-6 of this Code.

CREDIT(S)

Laws 1961, p. 1981, § 21.2-4, added by P.A. 76-1582, § 1, eff. Sept. 26, 1969. Amended by P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 96-807, § 5, eff. Jan. 1, 2010.

Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 21.2-4.

Current through P.A. 98-16 of the 2013 Reg. Sess.

720 ILCS 5/21.2-5

Formerly cited as IL ST CH 38 ¶ 21.2-5

Effective: January 1, 2010

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part C. Offenses Directed Against Property

Article 21.2. Interference with a Public Institution of Education (Refs & Annos)

5/21.2-5. Definitions

§ 21.2-5. For the purposes of this Article the words and phrases described in this Section have the meanings designated in this Section, except when a particular context clearly requires a different meaning.

"Public institution of education" means an educational organization located in this State which provides an organized elementary, secondary, or post-high school educational program, and which is supported in whole or in part by appropriations of the General Assembly, a unit of local government or school district.

A person has received "due notice" if he, or the group of which he is a part, has been given oral or written notice from an authorized representative of the public institution of education in a manner reasonably designated to inform him, or the group of which he is a part, that he or they should cease such action or depart from such premises. The notice may also be given by a printed or written notice forbidding entry conspicuously posted or exhibited at the main entrance of the building or other facility, or the forbidden part thereof.

"Force or violence" includes, but is not limited to, use of one's person, individually or in concert with others, to impede access to or movement within or otherwise to interfere with the conduct of the authorized activities of the public institution of education, its trustees, school board members, superintendent, principal, employees, students or invitees.

CREDIT(S)

Laws 1961, p. 1983, § 21.2-5, added by P.A. 76-1582, § 1, eff. Sept. 26, 1969. Amended by P.A. 96-807, § 5, eff. Jan. 1, 2010.

Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 21.2-5.

Current through P.A. 98-16 of the 2013 Reg. Sess.

720 ILCS 5/21.2-6

Formerly cited as IL ST CH 38 ¶ 21.2-6

Effective:[See Text Amendments]

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part C. Offenses Directed Against Property

Article 21.2. Interference with a Public Institution of Education (Refs & Annos)

5/21.2-6. Severability of provisions

§ 21.2-6. If any provision of this Act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared severable.

CREDIT(S)

Laws 1961, p. 1983, § 21.2-6, added by P.A. 76-1582, § 1, eff. Sept. 26, 1969.

Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 21.2-6.

Current through P.A. 98-16 of the 2013 Reg. Sess.

720 ILCS 5/21.3-5

Chapter 2. Miscellaneous Crimes and Offenses (Refs & Annos)

Part I. Offenses Against Property

§ 204. Fire-raising on lands of another by criminal negligence; penalty

Fire-raising on lands of another by criminal negligence is the performance of any of the following acts:

(1) The setting fire to any grass, leaves, brush or debris on lands by the owner, or by the owner's agent or lessee, and allowing the fire to spread or pass to lands of another.

(2) The starting of fire with wood or other fuel on lands of another, without malice, for camping or other purposes, with failure to exercise sufficient precautions so as to prevent the fire from spreading to grass, leaves, brush or other debris on the lands.

(3) The setting fire to grass, leaves, brush or other debris on lands of another by means of casting aside a lighted match or lighted cigar or cigarette stub.

(4) The burning over or causing burning over to be done on any land which adjoins woodlands of another within the boundaries of any parish of this state wherein an organized fire protection unit is maintained by the state or federal government, or both, without first giving the protecting agency written notice of intention to burn over the lands, giving a description of the property which will reasonably describe the location where the burning shall begin, and the date on which the lands are to be burned over. For the purpose of this Section, an “organized fire protection unit” is defined to be any area in which an organized system of fire prevention and control is in effect.

Whoever commits the crime of fire-raising on lands of another by criminal negligence shall be fined not more than three hundred dollars or imprisoned for not more than thirty days, or both.

Current through the 2012 Regular Session.

LSA-R.S. 14:204.1

Effective: August 15, 2010

West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 2. Miscellaneous Crimes and Offenses (Refs & Annos)

Part I. Offenses Against Property

§ 204.1. Fire-raising in a correctional facility; penalty

A. Fire-raising in a correctional facility is any of the following:

(1) The starting, causing, or assisting in the creation of any fire, heat, or spark of any nature in a correctional facility by any means or method and without authorization of the warden or his designee.

(2) The failure to report to a correctional facility employee, or concealing from a correctional facility employee, the unauthorized starting, causing, or assisting in the creation of any fire, heat, or spark of any nature by another in a correctional facility.

B. For purposes of this Section, the following definitions shall apply:

(1) “Correctional facility” means any jail, prison, penitentiary, juvenile institution, temporary holding center, or detention facility.

(2) “Correctional facility employee” means any employee of any jail, prison, penitentiary, juvenile institution, temporary holding center, or detention facility.

C. (1) Whoever commits the crime of fire-raising in a correctional facility by violating the provisions of Paragraph (A)(1) of this Section shall be imprisoned with or without hard labor for not more than three years.

(2) Whoever commits the crime of fire-raising in a correctional facility by violating the provisions of Paragraph (A)(2) of this Section shall be imprisoned with or without hard labor for not more than one year.

(3) If at the time of the commission of the offense, the offender is under the jurisdiction and legal custody of the Department of Public Safety and Corrections, or is being detained in any correctional facility, the sentence imposed under this Section shall run consecutively to any other sentence being served by the offender at the time of the offense.

 CREDIT(S)

Added by Acts 2010, No. 379, § 1.

Current through the 2012 Regular Session.

LSA-R.S. 14:205

Effective:[See Text Amendments]

West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 2. Miscellaneous Crimes and Offenses (Refs & Annos)

Part I. Offenses Against Property

§ 205. Fire-raising on lands of another with malice; penalty

Fire-raising on lands of another with malice is the malicious setting fire to any grass, leaves, brush or debris on lands of another, or the procuring same to be done.

Whoever commits the crime of fire-raising on lands of another with malice shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.

Current through the 2012 Regular Session.

LSA-R.S. 14:206

Effective:[See Text Amendments]

West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 2. Miscellaneous Crimes and Offenses (Refs & Annos)

Part I. Offenses Against Property

§ 206. Fire prevention interference; penalty

Fire prevention interference is the intentional performance of any of the following acts:

(1) Defacing or destroying fire warning notices or posters.

(2) Injuring, destroying, removing or in any manner interfering with the use of any tools, equipment, towers, buildings or telephone lines used in the detection, reporting or suppression of fire.

Whoever commits the crime of fire prevention interference shall be fined not more than five hundred dollars or imprisoned for a period of not more than six months, or both.

Current through the 2012 Regular Session.

LSA-R.S. 14:207

Effective:[See Text Amendments]

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.48. Arson, Reckless Burning, and Malicious Mischief

9A.48.010. Definitions

(1) For the purpose of this chapter, unless the context indicates otherwise:

(a) “Building” has the definition in RCW 9A.04.110(5), and where a building consists of two or more units separately secured or occupied, each unit shall not be treated as a separate building;

(b) “Damages”, in addition to its ordinary meaning, includes any charring, scorching, burning, or breaking, or agricultural or industrial sabotage, and shall include any diminution in the value of any property as a consequence of an act;

(c) “Property of another” means property in which the actor possesses anything less than exclusive ownership.

(2) To constitute arson it is not necessary that a person other than the actor has ownership in the building or structure damaged or set on fire.

CREDIT(S)

[2002 c 32 § 1; 1975-'76 2nd ex.s. c 38 § 6; 1975 1st ex.s. c 260 § 9A.48.010.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.48.020

Effective: July 22, 2007

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.48. Arson, Reckless Burning, and Malicious Mischief

9A.48.020. Arson in the first degree

(1) A person is guilty of arson in the first degree if he or she knowingly and maliciously:

(a) Causes a fire or explosion which is manifestly dangerous to any human life, including firefighters; or

(b) Causes a fire or explosion which damages a dwelling; or

(c) Causes a fire or explosion in any building in which there shall be at the time a human being who is not a participant in the crime; or

(d) Causes a fire or explosion on property valued at ten thousand dollars or more with intent to collect insurance proceeds.

(2) Arson in the first degree is a class A felony.

CREDIT(S)

[2007 c 218 § 63, eff. July 22, 2007; 1981 c 203 § 2; 1975 1st ex.s. c 260 § 9A.48.020.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.48.030

Effective: July 22, 2011

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.48. Arson, Reckless Burning, and Malicious Mischief

9A.48.030. Arson in the second degree

(1) A person is guilty of arson in the second degree if he or she knowingly and maliciously causes a fire or explosion which damages a building, or any structure or erection appurtenant to or joining any building, or any wharf, dock, machine, engine, automobile, or other motor vehicle, watercraft, aircraft, bridge, or trestle, or hay, grain, crop, or timber, whether cut or standing or any range land, or pasture land, or any fence, or any lumber, shingle, or other timber products, or any property.

(2) Arson in the second degree is a class B felony.

CREDIT(S)

[2011 c 336 § 366, eff. July 22, 2011; 1975 1st ex.s. c 260 § 9A.48.030.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.48.040

Effective: July 22, 2011

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.48. Arson, Reckless Burning, and Malicious Mischief

9A.48.040. Reckless burning in the first degree

(1) A person is guilty of reckless burning in the first degree if he or she recklessly damages a building or other structure or any vehicle, railway car, aircraft, or watercraft or any hay, grain, crop, or timber whether cut or standing, by knowingly causing a fire or explosion.

(2) Reckless burning in the first degree is a class C felony.

CREDIT(S)

[2011 c 336 § 367, eff. July 22, 2011; 1975 1st ex.s. c 260 § 9A.48.040.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.48.050

Effective: July 22, 2011

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.48. Arson, Reckless Burning, and Malicious Mischief

9A.48.050. Reckless burning in the second degree

(1) A person is guilty of reckless burning in the second degree if he or she knowingly causes a fire or explosion, whether on his or her own property or that of another, and thereby recklessly places a building or other structure, or any vehicle, railway car, aircraft, or watercraft, or any hay, grain, crop or timber, whether cut or standing, in danger of destruction or damage.

(2) Reckless burning in the second degree is a gross misdemeanor.

CREDIT(S)

[2011 c 336 § 368, eff. July 22, 2011; 1975 1st ex.s. c 260 § 9A.48.050.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.48.060

Effective:[See Text Amendments]

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.48. Arson, Reckless Burning, and Malicious Mischief

9A.48.060. Reckless burning--Defense

In any prosecution for the crime of reckless burning in the first or second degrees, it shall be a defense if the defendant establishes by a preponderance of the evidence that:

(a) No person other than the defendant had a possessory, or pecuniary interest in the damaged or endangered property, or if other persons had such an interest, all of them consented to the defendant's conduct; and

(b) The defendant's sole intent was to destroy or damage the property for a lawful purpose.

CREDIT(S)

[1975 1st ex.s. c 260 § 9A.48.060.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.48.070

Effective: July 26, 2009

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.48. Arson, Reckless Burning, and Malicious Mischief

9A.48.070. Malicious mischief in the first degree

(1) A person is guilty of malicious mischief in the first degree if he or she knowingly and maliciously:

(a) Causes physical damage to the property of another in an amount exceeding five thousand dollars;

(b) Causes an interruption or impairment of service rendered to the public by physically damaging or tampering with an emergency vehicle or property of the state, a political subdivision thereof, or a public utility or mode of public transportation, power, or communication; or

(c) Causes an impairment of the safety, efficiency, or operation of an aircraft by physically damaging or tampering with the aircraft or aircraft equipment, fuel, lubricant, or parts.

(2) Malicious mischief in the first degree is a class B felony.

CREDIT(S)

[2009 c 431 § 4, eff. July 26, 2009; 1983 1st ex.s. c 4 § 1; 1975 1st ex.s. c 260 § 9A.48.070.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.48.080

Effective: July 26, 2009

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.48. Arson, Reckless Burning, and Malicious Mischief

9A.48.080. Malicious mischief in the second degree

(1) A person is guilty of malicious mischief in the second degree if he or she knowingly and maliciously:

(a) Causes physical damage to the property of another in an amount exceeding seven hundred fifty dollars; or

(b) Creates a substantial risk of interruption or impairment of service rendered to the public, by physically damaging or tampering with an emergency vehicle or property of the state, a political subdivision thereof, or a public utility or mode of public transportation, power, or communication.

(2) Malicious mischief in the second degree is a class C felony.

CREDIT(S)

[2009 c 431 § 5, eff. July 26, 2009; 1994 c 261 § 17; 1979 c 145 § 2; 1975 1st ex.s. c 260 § 9A.48.080.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.48.090

Effective: July 26, 2009

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.48. Arson, Reckless Burning, and Malicious Mischief

9A.48.090. Malicious mischief in the third degree

(1) A person is guilty of malicious mischief in the third degree if he or she:

(a) Knowingly and maliciously causes physical damage to the property of another, under circumstances not amounting to malicious mischief in the first or second degree; or

(b) Writes, paints, or draws any inscription, figure, or mark of any type on any public or private building or other structure or any real or personal property owned by any other person unless the person has obtained the express permission of the owner or operator of the property, under circumstances not amounting to malicious mischief in the first or second degree.

(2) Malicious mischief in the third degree is a gross misdemeanor.

CREDIT(S)

[2009 c 431 § 6, eff. July 26, 2009; 2003 c 53 § 71, eff. July 1, 2004; 1996 c 35 § 1; 1975 1st ex.s. c 260 § 9A.48.090.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.48.100

Effective:[See Text Amendments]

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.48. Arson, Reckless Burning, and Malicious Mischief

9A.48.100. Malicious mischief--“Physical damage” defined

For the purposes of RCW 9A.48.070 through 9A.48.090 inclusive:

(1) “Physical damage”, in addition to its ordinary meaning, shall include the total or partial alteration, damage, obliteration, or erasure of records, information, data, computer programs, or their computer representations, which are recorded for use in computers or the impairment, interruption, or interference with the use of such records, information, data, or computer programs, or the impairment, interruption, or interference with the use of any computer or services provided by computers. “Physical damage” also includes any diminution in the value of any property as the consequence of an act;

(2) If more than one item of property is physically damaged as a result of a common scheme or plan by a person and the physical damage to the property would, when considered separately, constitute mischief in the third degree because of value, then the value of the damages may be aggregated in one count. If the sum of the value of all the physical damages exceeds two hundred fifty dollars, the defendant may be charged with and convicted of malicious mischief in the second degree.

CREDIT(S)

[1984 c 273 § 4; 1981 c 260 § 2. Prior: 1979 ex.s. c 244 § 11; 1979 c 145 § 3; 1977 ex.s. c 174 § 1; 1975 1st ex.s. c 260 § 9A.48.100.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.48.105

Effective: June 12, 2008

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.48. Arson, Reckless Burning, and Malicious Mischief

9A.48.105. Criminal street gang tagging and graffiti

(1) A person is guilty of criminal street gang tagging and graffiti if he or she commits malicious mischief in the third degree under RCW 9A.48.090(1)(b) and he or she:

(a) Has multiple current convictions for malicious mischief in the third degree offenses under RCW 9A.48.090(1)(b); or

(b) Has previously been convicted for a malicious mischief in the third degree offense under RCW 9A.48.090(1)(b) or a comparable offense under a municipal code provision of any city or town; and

(c) The current offense or one of the current offenses is a “criminal street gang-related offense” as defined in RCW 9.94A.030.

(2) Criminal street gang tagging and graffiti is a gross misdemeanor offense.

CREDIT(S)

[2008 c 276 § 306, eff. June 12, 2008.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.48.110

Effective:[See Text Amendments]

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.48. Arson, Reckless Burning, and Malicious Mischief

9A.48.110. Defacing a state monument

(1) A person is guilty of defacing a state monument if he or she knowingly defaces a monument or memorial on the state capitol campus or other state property.

(2) Defacing a state monument is a misdemeanor.

CREDIT(S)

[1995 c 66 § 1.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.48.120

Effective: June 12, 2008

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.48. Arson, Reckless Burning, and Malicious Mischief

9A.48.120. Civil disorder training

(1) A person is guilty of civil disorder training if he or she teaches or demonstrates to any other person the use, application, or making of any device or technique capable of causing significant bodily injury or death to persons, knowing, or having reason to know or intending that same will be unlawfully employed for use in, or in furtherance of, a civil disorder.

(2) Civil disorder training is a class B felony.

(3) Nothing in this section makes unlawful any act of any law enforcement officer that is performed in the lawful performance of his or her official duties.

(4) Nothing in this section makes unlawful any act of firearms training, target shooting, or other firearms activity, so long as it is not done for the purpose of furthering a civil disorder.

(5) For the purposes of this section:

(a) “Civil disorder” means any public disturbance involving acts of violence that is intended to cause an immediate danger of, or to result in, significant injury to property or the person of any other individual.

(b) “Law enforcement officer” means any law enforcement officer as defined in RCW 9A.76.020(2) including members of the Washington national guard, as defined in RCW 38.04.010.

CREDIT(S)

[2008 c 206 § 1, eff. June 12, 2008; 2002 c 340 § 1.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.49.001

13 V.S.A. § 501

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 11. Arson and Burning

§ 501. Arson causing death

A person who wilfully and maliciously burns the building of another, or wilfully and maliciously sets fire to a building owned in whole or in part by himself, by means of which the life of a person is lost, shall be guilty of murder in the first degree.

CREDIT(S)

Formerly: 1957, No. 210, § 4; V.S. 1947, § 8283; P.L. 1933, § 8419; G.L. 1917, § 6849; P.S. 1906, § 5743; V.S. 1894, § 4927; R.L. 1880, § 4125; G.S. 1862, 113, § 1; R.S. 1840, 95, § 1; R. 1818, p. 5.

The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.

13 V.S.A. § 502

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 11. Arson and Burning

§ 502. First degree arson

A person who wilfully and maliciously sets fire to or burns or causes to be burned, or who wilfully and maliciously aids, counsels or procures the burning of any dwelling house, whether occupied, unoccupied or vacant, or any kitchen, shop, barn, stable or other outhouse that is parcel thereof, or belonging, or adjoining thereto, whether the property of himself or of another, shall be guilty of arson in the first degree, and shall be imprisoned not more than 10 years nor less than two years or fined not more than $2,000.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8284; 1947, No. 202, § 8437; 1935, No. 202, § 1.

The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.

13 V.S.A. § 503

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 11. Arson and Burning

§ 503. Second degree arson

A person who wilfully and maliciously sets fire to or burns or causes to be burned, or who wilfully and maliciously aids, counsels or procures the burning of any building or structure of whatsoever class or character, whether the property of himself or herself or of another, not included or described in section 502 of this title, shall be guilty of arson in the second degree, and shall be imprisoned not more than five years nor less than one year or fined not more than $1,000.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8285; 1947, No. 202, § 8438; 1935, No. 202, § 2.

The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.

13 V.S.A. § 504

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 11. Arson and Burning

§ 504. Third degree arson

A person who wilfully and maliciously sets fire to or burns or causes to be burned, or who wilfully and maliciously aids, counsels or procures the burning of any personal property of whatsoever class or character, not less than $25.00 in value and the property of another person, shall be guilty of arson in the third degree, and shall be imprisoned not more than three years nor less than one year, or fined not more than $500.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8286; 1947, No. 202, § 8439; 1935, No. 202, § 3.

The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.

13 V.S.A. § 505

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 11. Arson and Burning

§ 505. Fourth degree arson

A person who wilfully and maliciously attempts to set fire to or wilfully and maliciously attempts to burn or to aid, counsel or procure the burning of any of the buildings or property mentioned in sections 502-504 of this title, or who wilfully and maliciously commits any act preliminary thereto, or in furtherance thereof, shall be guilty of arson in the fourth degree, and shall be imprisoned not more than two years nor less than one year or fined not more than $500.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8287; 1947, No. 202, § 8440; 1935, No. 202, § 4.

The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.

13 V.S.A. § 506

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 11. Arson and Burning

§ 506. Burning to defraud insurer

A person who wilfully and with intent to injure or defraud the insurer sets fire to or burns or attempts so to do or who wilfully and maliciously causes to be burned or who wilfully and maliciously aids, counsels or procures the burning of any building, structure or personal property, of whatsoever class or character, whether the property of himself or of another, which shall at the time be insured by any person, company or corporation against loss or damage by fire, shall be imprisoned not more than five years nor less than one year or fined not more than $500.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8289; 1947, No. 202, § 8442; 1935, No. 202, § 6.

The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.

13 V.S.A. § 507

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 11. Arson and Burning

§ 507. Burning forests

A person who wilfully and maliciously sets on fire, or causes to be set on fire, woods or forest, so as to occasion injury to another person, shall be imprisoned not more than five years or fined not more than $500.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8290; P.L. 1933, § 8426; G.L. 1917, § 6856; P.S. 1906, § 5750; V.S. 1894, § 4934; R.L. 1880, § 4132; G.S. 1862, 113, § 38; R.S. 1840, 95, § 22; R. 1797, p. 190, § 5.

The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.

13 V.S.A. § 508

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 11. Arson and Burning

§ 508. Setting fires

A person who enters upon lands of another and sets a fire that causes damage shall be imprisoned not more than 60 days nor less than 30 days, or fined not more than $100.00 nor less than $10.00, or both. The provisions of this section shall not affect the provisions of sections 507 and 3906 of this title.

CREDIT(S)

1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8291; 1947, No. 202, § 8444; P.L. 1933, § 8427; G.L. 1917, § 6857; 1908, No. 166.

The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.

13 V.S.A. § 509

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 11. Arson and Burning

§ 509. Attempts

The placing or distributing of any inflammable, explosive or combustible material or substance, or any device, in any building or property mentioned in sections 502-505 of this title in any arrangement or preparation with intent wilfully and maliciously to set fire to or burn the same, or to procure the setting fire to or burning of the same shall, for the purposes of this chapter, constitute an attempt to burn such building or property.

CREDIT(S)

Formerly: V.S. 1947, § 8288; 1935, No. 202, § 5.

Chapter 1. Criminal Code (Refs & Annos)

Part III. Offenses Against Property

Subpart A. By Violence to Buildings and Other Property

1. Arson and Use of Explosives

§ 51. Aggravated arson

Aggravated arson is the intentional damaging by any explosive substance or the setting fire to any structure, watercraft, or movable whereby it is foreseeable that human life might be endangered.

Whoever commits the crime of aggravated arson shall be imprisoned at hard labor for not less than six nor more than twenty years, and shall be fined not more than twenty-five thousand dollars. Two years of such imprisonment at hard labor shall be without benefit of parole, probation, or suspension of sentence.

 CREDIT(S)

Amended by Acts 1964, No. 117, § 1; Acts 1977, No. 53, § 1; Acts 1981, No. 297, § 1.

Current through the 2012 Regular Session.

LSA-R.S. 14:51.1

Effective: August 15, 2010

West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part III. Offenses Against Property

Subpart A. By Violence to Buildings and Other Property

1. Arson and Use of Explosives

§ 51.1. Injury by arson

A. Injury by arson is the intentional damaging by any explosive substance or the setting fire to any structure, watercraft, or other movable belonging to another if either of the following occurs:

(1) Any person suffers great bodily harm, permanent disability, or disfigurement as a result of the fire or explosion.

(2) A firefighter, law enforcement officer or first responder who is present at the scene and acting in the line of duty is injured as a result of the fire or explosion.

B. Whoever commits the crime of injury by arson shall be imprisoned at hard labor for not less than six nor more than twenty years, and shall be fined not more than twenty-five thousand dollars. Two years of such imprisonment at hard labor shall be without benefit of parole, probation, or suspension of sentence.

 CREDIT(S)

Added by Acts 2010, No. 972, § 1.

Current through the 2012 Regular Session.

LSA-R.S. 14:52

Effective: August 15, 2010

West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part III. Offenses Against Property

Subpart A. By Violence to Buildings and Other Property

1. Arson and Use of Explosives

§ 52. Simple arson

A. Simple arson is either of the following:

(1) The intentional damaging by any explosive substance or the setting fire to any property of another, without the consent of the owner and except as provided in R.S. 14:51.

(2) The starting of a fire or causing an explosion while the offender is engaged in the perpetration or attempted perpetration of another felony offense even though the offender does not have the intent to start a fire or cause an explosion.

B. Whoever commits the crime of simple arson, where the damage done amounts to five hundred dollars or more, shall be fined not more than fifteen thousand dollars and imprisoned at hard labor for not less than two years nor more than fifteen years.

C. Where the damage is less than five hundred dollars, the offender shall be fined not more than twenty-five hundred dollars or imprisoned with or without hard labor for not more than five years, or both.

 CREDIT(S)

Amended by Acts 1977, No. 53, § 1; Acts 1985, No. 300, § 1; Acts 2010, No. 818, § 1.

Current through the 2012 Regular Session.

LSA-R.S. 14:52.1

Effective:[See Text Amendments]

West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part III. Offenses Against Property

Subpart A. By Violence to Buildings and Other Property

1. Arson and Use of Explosives

§ 52.1. Simple arson of a religious building

A. Simple arson of a religious building is the intentional damaging, by any explosive substance or by setting fire, of any church, synagogue, mosque, or other building, structure, or place primarily used for religious worship or other religious purpose.

B. Whoever commits the crime of simple arson of a religious building shall be fined not more than fifteen thousand dollars and imprisoned at hard labor for not less than two nor more than fifteen years. At least two years of the sentence of imprisonment shall be imposed without benefit of parole, probation, or suspension of sentence.

 CREDIT(S)

Added by Acts 1997, No. 404, § 1; Acts 1997, No. 1362, § 1.

Current through the 2012 Regular Session.

LSA-R.S. 14:53

Effective:[See Text Amendments]

West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part III. Offenses Against Property

Subpart A. By Violence to Buildings and Other Property

1. Arson and Use of Explosives

§ 53. Arson with intent to defraud

Arson with intent to defraud is the setting fire to, or damaging by any explosive substance, any property, with intent to defraud.

Whoever commits the crime of arson with intent to defraud shall be fined not more than ten thousand dollars, imprisoned with or without hard labor for not more than five years, or both.

 CREDIT(S)

Amended by Acts 1980, No. 708, § 1.

Current through the 2012 Regular Session.

LSA-R.S. 14:54

Effective: June 14, 2008

West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part III. Offenses Against Property

Subpart A. By Violence to Buildings and Other Property

1. Arson and Use of Explosives

§ 54. Repealed by Acts 2008, No. 220, § 13, eff. June 14, 2008

Current through the 2012 Regular Session.

LSA-R.S. 14:54.1

Effective:[See Text Amendments]

West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part III. Offenses Against Property

Subpart A. By Violence to Buildings and Other Property

1. Arson and Use of Explosives

§ 54.1. Communicating of false information of planned arson

A. Communicating of false information of arson or attempted arson is the intentional impartation or conveyance, or causing the impartation or conveyance by the use of the mail, telephone, telegraph, word of mouth, or other means of communication, of any threat or false information knowing the same to be false, including bomb threats or threats involving fake explosive devices, concerning an attempt or alleged attempt being made, or to be made, to commit either aggravated or simple arson.

B. Whoever commits the crime of communicating of false information of arson or attempted arson shall be imprisoned at hard labor for not more than twenty years.

 CREDIT(S)

Added by Acts 1970, No. 184, § 1. Amended by Acts 1990, No. 321, § 1.

Current through the 2012 Regular Session.

LSA-R.S. 14:54.2

Effective:[See Text Amendments]

West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part III. Offenses Against Property

Subpart A. By Violence to Buildings and Other Property

1. Arson and Use of Explosives

§ 54.2. Manufacture and possession of delayed action incendiary devices; penalty

It shall be unlawful for any person, without proper license as required by R.S. 40:1471.1 et seq. to knowingly and intentionally possess or have under his control any instrument, device, chemical or explosive substance which is arranged, manufactured, mixed, or so made up as to be a device or substance which, when exposed to heat, humidity, air, or foreign elements, will after prolongation of time burst into flame, ignite, cause to be ignited, or explode.

This section shall not apply to fireworks possessed within the meaning and contemplation of R.S. 51:650 et seq.

Whoever violates this Section shall be fined not more than ten thousand dollars or be imprisoned at hard labor for not more than twenty years, or both.

 CREDIT(S)

Added by Acts 1970, No. 659, § 1. Amended by Acts 1974, No. 374, § 1; Acts 1979, No. 654, § 1.

Current through the 2012 Regular Session.

LSA-R.S. 14:54.3

Effective:[See Text Amendments]

West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part III. Offenses Against Property

Subpart A. By Violence to Buildings and Other Property

1. Arson and Use of Explosives

§ 54.3. Manufacture and possession of a bomb

A. It shall be unlawful for any person without proper license as required by R.S. 40:1471.1 et seq. knowingly and intentionally to manufacture, possess, or have under his control any bomb.

B. A “bomb”, for the purposes of this Section, is defined as an explosive compound or mixture with a detonator or initiator, or both, but does not include small arms ammunition. The term “bomb”, as used herein, shall also include any of the materials listed in Subsection C present in an unassembled state but which could, when assembled, be ignited in the same manner as described in Subsection C, when possessed with intent to manufacture or assemble a bomb.

C. As used herein the term “explosive” means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuses (other than electric circuit breakers), detonators, and other detonating agents, smokeless powders, and any chemical compounds, mechanical mixture, or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities, or packing that ignition by fire, by friction, by concussion, by percussion, or by detonation of the compound, mixture, or device or any part thereof may cause an explosion.

D. This Section shall not apply to fireworks possessed within the meaning and contemplation of R.S. 51:650 et seq.

E. Whoever violates this Section shall be fined not more than ten thousand dollars or be imprisoned at hard labor for not more than twenty years, or both.

 CREDIT(S)

Added by Acts 1974, No. 375, § 1. Amended by Acts 1979, No. 654, § 1; Acts 1988, No. 369, § 1.

Current through the 2012 Regular Session.

LSA-R.S. 14:54.3.1

Effective:[See Text Amendments]

West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part III. Offenses Against Property

Subpart A. By Violence to Buildings and Other Property

1. Arson and Use of Explosives

§ 54.3.1. [Blank]

Current through the 2012 Regular Session.

LSA-R.S. 14:54.4

Effective:[See Text Amendments]

West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part III. Offenses Against Property

Subpart A. By Violence to Buildings and Other Property

1. Arson and Use of Explosives

§ 54.4. Forfeitures

A. The following contraband shall be subject to seizure and forfeiture and no property right shall exist therein:

(1) Any instrument, device, chemical or explosive substance which is arranged, manufactured, mixed or so made up as to be a device or substance which, when exposed to heat, humidity, air or foreign elements will after prolongation of time burst into flame, ignite, cause to be ignited or explode, or raw materials used or intended to be used in the manufacture of such instrument, device, chemical or explosive substance;

(2) Any bomb as proscribed and defined in R.S. 14:54.3;

(3) All property which is used, or intended for use as a container for property described in Paragraphs (1) and (2) of this Subsection;

(4) All conveyances including aircraft, vehicles, or vessels, which are used or intended for use, to transport, or in any manner to facilitate the transportation, possession, production, manufacture, dispensation or concealment of property described in Paragraphs (1) and (2) of this Subsection, except that:

(a) No conveyance used by any person as a common carrier in transaction of business as a common carrier shall be seized or forfeited under the provisions of this Section unless it shall appear that the owner or other person in charge of such conveyance was knowingly and intentionally a consenting party or privy to a violation of R.S. 14:54.2 and 54.3; and

(b) No vessel, vehicle or aircraft shall be seized or forfeited under the provisions of this Section by reason of any act or omission established by the owner thereof to have been committed or omitted, without the owner's knowledge, consent, or permission by any person other than such owner while such vessel, vehicle or aircraft was in the possession of such person.

B. Any property subject to forfeiture under this Section may be seized under process issued by any court of record having jurisdiction over the property except that seizure without such process may be made when:

(1) The seizure is incident to an arrest with probable cause or a search under a valid search warrant or with probable cause or an inspection under valid administrative inspection warrant;

(2) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding under this Section.

C. After seizure, all conveyances taken or detained under this Section shall be immediately returned to the owner when the charges of violating R.S. 14:54.2 and 54.3 in which the conveyance was involved are dismissed by the district attorney or dismissed by the district court, on the basis of a preliminary hearing or other preliminary proceedings, or when the accused is acquitted following a trial in the district court of the parish in which the violation is alleged to have occurred. Vehicles seized under this Section shall be forfeited upon:

(1) A showing by the district attorney of a conviction for a violation under which seizure is authorized by this Section; and

(2) A showing by the district attorney that the seizure was made incident to an arrest with probable cause or a search under a valid search warrant or with probable cause or an inspection under a valid administrative inspection warrant; and

(3) A showing by the district attorney that the owner of the conveyance was knowingly and intentionally a consent party or privy to a violation of R.S. 14:54.2 or R.S. 14:54.3.

D. Property taken or detained under this Section shall not be repleviable, but shall be deemed to be in the custody of the law enforcement agency making the seizure subject only to the orders and decrees of the court of record having jurisdiction thereof. Whenever property is seized under the provisions of this Section, the law enforcement officer or employee making the seizure shall:

(1) Place the property under seal;

(2) Remove the property to a place designated by the valid warrant under which such property was seized; or

(3) Request that the Department of Public Safety take custody of the property and remove it to an appropriate location for disposition in accordance with law.

E. Whenever property is forfeited under this Section, the law enforcement agency making the seizure may:

(1) Retain the property for official use except the conveyances described in R.S. 14:54.4(A)(4); or

(2) Sell any forfeited property, which is not required to be destroyed by law and which is not harmful to the public, provided that the proceeds be used for payment of all costs of the proceedings for forfeiture and sale including expenses of seizure, maintenance of custody, advertising, and court costs; or

(3) Request that the Department of Public Safety take custody of the property and remove it for disposition in accordance with law.

F. Any law enforcement agency is empowered to authorize, or designate officers, agents, or other persons to carry out the seizure provisions of this Section.

G. The district attorney within whose jurisdiction the vessel, vehicle, or aircraft or other property has been seized because of its use, attempted use in violation of R.S. 14:54.2 or R.S. 14:54.3, shall proceed against the vessel, vehicle, or aircraft or other property as provided in Subsection C in the district court having jurisdiction over the offense and have it forfeited to the use of or the sale by the law enforcement agency making the seizure.

H. Where it appears by affidavit that the residence of the owner of the vessel, vehicle, aircraft or other property is out of state or is unknown to the district attorney, the court shall appoint an attorney at law to represent the absent owner, against whom the rule shall be tried contradictorily within ten days after its filing. This affidavit may be made by the district attorney or one of his assistants. The attorney so appointed may waive service and citation of the petition or rule but shall not waive time nor any legal defenses.

I. Whenever the head of the law enforcement agency effecting the forfeiture deems it necessary or expedient to sell the property forfeited, rather than retain it for the use of the law enforcement agency, he shall cause an advertisement to be inserted in the official journal of the parish where the seizure was made, and after ten days, shall dispose of said property at public auction to the highest bidder, for cash and without appraisal.

J. The proceeds of all funds collected from any such sale, except as provided in R.S. 14:54.4(E)(2), shall be paid into the state treasury.

K. The rights of any mortgage or lien holder or holder of a vendor's privilege on the property seized shall not be affected by the seizure.

 CREDIT(S)

Added by Acts 1979, No. 494, § 1.

Current through the 2012 Regular Session.

LSA-R.S. 14:54.5

Effective:[See Text Amendments]

West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part III. Offenses Against Property

Subpart A. By Violence to Buildings and Other Property

1. Arson and Use of Explosives

§ 54.5. Fake explosive device

A. It shall be unlawful for any person to manufacture, possess, have under his control, buy, sell, mail, send to another person, or transport a fake explosive device, if the offender knowingly and intentionally:

(1) Influences the official conduct or action of an official or any personnel of a public safety agency; or

(2) Threatens to use the fake explosive device while committing or attempting to commit any felony.

B. For purposes of this Section the following words shall have the following meanings:

(1) A “fake explosive device” means any device or object that by its design, construction, content, or characteristics appears to be or to contain an explosive, an explosive compound or mixture with a detonator or initiator, or both, but is, in fact, an inoperative facsimile or imitation of such a destructive device, bomb, or explosive as defined in R.S. 14:54.3.

(2) A “public safety agency” means the Department of Public Safety and Corrections, a fire department, an emergency medical or rescue service, a law enforcement agency, or a volunteer agency organized to deal with emergencies.

C. Whoever violates the provisions of this Section shall be imprisoned at hard labor for not more than five years and shall be fined an amount equal to the costs of any law enforcement investigation or emergency response which results from the commission of the offense.

D. Provisions of this Section shall not apply to authorized military, police, and fire operations and training exercises.

 CREDIT(S)

Added by Acts 1991, No. 832, § 1, eff. July 23, 1991.

Current through the 2012 Regular Session.

LSA-R.S. 14:54.6

Effective:[See Text Amendments]

West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part III. Offenses Against Property

Subpart A. By Violence to Buildings and Other Property

2. Criminal Damage to Property

§ 54.6. Communicating of false information of planned bombing on school property, at a school-sponsored function, or in a firearm-free zone

A. The communicating of false information of a bombing threat on school property, at a school-sponsored function, or in a firearm-free zone whether or not such threat involves fake explosive devices is the intentional impartation or conveyance, or causing the impartation or conveyance by the use of the mail, telephone, telegraph, word of mouth, or other means of communication, of any such threat or false information knowing the same to be false.

B. Whoever commits the crime of communicating of false information of a planned bombing on school property, at a school-sponsored function, or in a firearm-free zone as defined in R.S. 14:95.6(A) shall be imprisoned with or without hard labor for not more than twenty years. Upon commitment to the Department of Public Safety and Corrections after conviction for a crime committed on school property, at a school-sponsored function or in a firearm-free zone, the department shall have the offender evaluated through appropriate examinations or tests conducted under the supervision of the department. Such evaluation shall be made within thirty days of the order of commitment.

C. For purposes of this Section, “at a school-sponsored function” means the specific designated area of the function, including but not limited to athletic competitions, dances, parties, or any extracurricular activity.

 CREDIT(S)

Added by Acts 1999, No. 1236, § 1.

Current through the 2012 Regular Session.

LSA-R.S. 14:55

Effective:[See Text Amendments]

West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part III. Offenses Against Property

Subpart A. By Violence to Buildings and Other Property

2. Criminal Damage to Property

§ 55. Aggravated criminal damage to property

Aggravated criminal damage to property is the intentional damaging of any structure, watercraft, or movable, wherein it is foreseeable that human life might be endangered, by any means other than fire or explosion.

Whoever commits the crime of aggravated criminal damage to property shall be fined not more than ten thousand dollars, imprisoned with or without hard labor for not less than one nor more than fifteen years, or both.

 CREDIT(S)

Amended by Acts 1980, No. 708, § 1.

Current through the 2012 Regular Session.

LSA-R.S. 14:56

Effective: August 15, 2008

West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part III. Offenses Against Property

Subpart A. By Violence to Buildings and Other Property

2. Criminal Damage to Property

§ 56. Simple criminal damage to property

A. (1) Simple criminal damage to property is the intentional damaging of any property of another, without the consent of the owner, and except as provided in R.S. 14:55, by any means other than fire or explosion.

(2) The provisions of this Section shall include the intentional damaging of a dwelling, house, apartment, or other structure used in whole or in part as a home, residence, or place of abode by a person who leased or rented the property.

B. (1) Whoever commits the crime of simple criminal damage to property where the damage is less than five hundred dollars shall be fined not more than one thousand dollars or imprisoned for not more than six months, or both.

(2) Where the damage amounts to five hundred dollars but less than fifty thousand dollars, the offender shall be fined not more than one thousand dollars or imprisoned with or without hard labor for not more than two years, or both.

(3) Where the damage amounts to fifty thousand dollars or more, the offender shall be fined not more than ten thousand dollars or imprisoned with or without hard labor for not less than one nor more than ten years, or both.

(4) In addition to the foregoing penalties, a person convicted under the provisions of this Section may be ordered to make full restitution to the owner of the property. If a person ordered to make restitution is found to be indigent and therefore unable to make restitution in full at the time of conviction, the court shall order a periodic payment plan consistent with the person's ability to pay.

 CREDIT(S)

Amended by Acts 1981, No. 160, § 1; Acts 2006, No. 84, § 1; Acts 2008, No. 97, § 1.

Current through the 2012 Regular Session.

LSA-R.S. 14:56.1

Effective:[See Text Amendments]

West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part III. Offenses Against Property

Subpart A. By Violence to Buildings and Other Property

2. Criminal Damage to Property

§ 56.1. Criminal damage to coin-operated devices

Criminal damage to a coin-operated device is the intentional damaging of any coin-operated device belonging to another.

Coin-operated device means any parking meter, pay telephone, vending machine, money-changing machine, or any other coin activated device designed to accept money for a privilege, service, or product.

For purposes of this Section, the value of damages shall be determined by the actual cost of repair, or replacement if necessary.

Whoever commits the crime of criminal damage to a coin-operated device, when the damage done amounts to one hundred dollars or more, shall be fined not more than two thousand dollars or imprisoned for not more than two years, or both.

Whoever commits the crime of criminal damage to a coin-operated device, when the damage amounts to a value of less than one hundred dollars shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.

 CREDIT(S)

Added by Acts 1980, No. 709, § 1.

Current through the 2012 Regular Session.

LSA-R.S. 14:56.2

Effective:[See Text Amendments]

West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part III. Offenses Against Property

Subpart A. By Violence to Buildings and Other Property

2. Criminal Damage to Property

§ 56.2. Criminal damage of a pipeline facility

A. Criminal damage of a pipeline facility is the intentional damaging of a pipeline facility as defined in this Section.

B. For purposes of this Section, a pipeline facility shall include:

(1) Any pipeline, including but not limited to flow lines, transmission, distribution, or gathering lines regardless of size or length, which transmits or transports oil, gas, petrochemicals, minerals, or water in a solid, liquid, or gaseous state, and

(2) Any pipeline, flow line, transmission, distribution, or gathering line which meets the requirements of Paragraph (1) preceding and which is under construction or repair.

C. Whoever commits the crime of criminal damage of a pipeline facility may be imprisoned for not more than five years or fined not more than ten thousand dollars, or both.

D. Whoever commits the crime of criminal damage of a pipeline facility wherein it is foreseeable that human life might be threatened as a result of such conduct shall be imprisoned at hard labor for not less than two years nor more than ten years and shall be fined not more than ten thousand dollars.

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Added by Acts 1988, No. 3, § 1, eff. May 20, 1988. Amended by Acts 2001, No. 403, § 1, eff. June 15, 2001.

AMELIORATIVE PENALTY PROVISIONS; RETROACTIVITY; AMENDMENT OF SENTENCE; TIME LIMITATIONS--ACTS 2006, NO. 45

<R.S. 15:308, as enacted by Acts 2006, No. 45, § 1, provides:>

<“A. (1) The legislature hereby declares that the provisions of Act No. 403 of the 2001 Regular Session of the Legislature provided for more lenient penalty provisions for certain enumerated crimes and that these penalty provisions were to be applied prospectively.>

<“(2) The legislature hereby further declares that Act No. 45 of the 2002 First Extraordinary Session of the Legislature revised errors in penalty provisions for certain statutes which were amended by Act No. 403 of the 2001 Regular Session of the Legislature and that these revisions were to be applied retroactively to June 15, 2001, and applied to any crime committed subject to such revised penalties on and after such date.>

<“B. In the interest of fairness in sentencing, the legislature hereby further declares that the more lenient penalty provisions provided for in Act No. 403 of the 2001 Regular Session of the Legislature and Act No. 45 of the 2002 First Extraordinary Session of the Legislature shall apply to the class of persons who committed crimes, who were convicted, or who were sentenced according to the following provisions: R.S. 14:56.2(D), 62.1(B) and (C), 69.1(B)(2), 70.1(B), 82(D), 91.7(C), 92.2(B), 92.3(C), 106(G)(2)(a) and (3), 106.1(C)(2), 119(D), 119.1(D), 122.1(D), 123(C)(1) and (2), 352, and 402.1(B), R.S. 15:529.1(A)(1)(b)(ii) and (c)(ii), 1303(B), and 1304(B), R.S. 27:262(C), (D), and (E), 309(C), and 375(C), R.S. 40:966(B), (C)(1), (D), (E), (F) and (G), 967(B)(1), (2), (3), and (4)(a) and (b), and (F)(1), (2), and (3), 979(A), 981, 981.1, 981.2(B) and (C), and 981.3(A)(1) and (E), and Code of Criminal Procedure Art. 893(A) prior to June 15, 2001, provided that such application ameliorates the person's circumstances.>

<“C. Such persons shall be entitled to apply to the Louisiana Risk Review Panel pursuant to R.S. 15:574.22.”>

PROSPECTIVE EFFECT--ACTS 2001, NO. 403

<Section 6 of Acts 2001, No. 403 (§ 1 of which amended subsec. D of this section) provides:>

<“The provisions of this Act shall only have prospective effect.”>

Current through the 2012 Regular Session.

LSA-R.S. 14:56.3

Effective:[See Text Amendments]

West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part III. Offenses Against Property

Subpart A. By Violence to Buildings and Other Property

2. Criminal Damage to Property

§ 56.3. Criminal damage to genetically engineered crops, genetically engineered crop facilities, or genetically engineered crop information

A. As used in this Section, the following words and phrases shall have the following meanings ascribed to them:

(1) “Crop” means any product which is grown for food or fiber, and includes food intended for human consumption, food intended for animal consumption, fiber intended for any purpose, and any other agricultural, silvicultural, or aquacultural crop.

(2) “Crop facility” means any greenhouse, enclosure, building, or other structure which is used in the production of crops.

(3) “Crop information” means any information about crops and includes records, documents, education materials, or other information concerning research on crops, testing of crops, and production of crops, whether the information is in handwritten, typewritten, printed, or in electronic form.

(4) “Genetically engineered crop” means any crop which has been altered genetically through selective breeding, interbreeding, crossbreeding, exposure to radiation, exposure to chemicals, introduction of genetic material, or by any other means or process.

B. Criminal damage to genetically engineered crops is the intentional damaging, by any means, of any genetically engineered crops which are owned by another person, without the consent of the owner.

C. Criminal damage to genetically engineered crop facilities is the intentional damaging, by any means of any facility used in the production, or storage, or analysis of any genetically engineered crops which are owned by another person, without the consent of the owner.

D. Criminal damage to genetically engineered crop information is the intentional damaging, by any means of any information concerning the production or analysis of any genetically engineered crops which are owned by another person, without the consent of the owner.

E. Whoever commits the crime of criminal damage to genetically engineered crops, or the crime of criminal damage to genetically engineered crop facilities, or the crime of criminal damage to genetically engineered crop information shall be fined not more than ten thousand dollars, or imprisoned, with or without hard labor, for not more than five years, or both. In addition, the court may order a convicted defendant to pay restitution to the victim.

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Added by Acts 2001, No. 1081, § 1.

Current through the 2012 Regular Session.

LSA-R.S. 14:56.4

Effective: August 15, 2008

West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part III. Offenses Against Property

Subpart A. By Violence to Buildings and Other Property

2. Criminal Damage to Property

§ 56.4. Criminal damage to property by defacing with graffiti

A. It shall be unlawful for any person to intentionally deface with graffiti immovable or movable property, whether publicly or privately owned, without the consent of the owner.

B. As used in this Section, the following terms mean:

(1) “Deface” or “defacing” is the damaging of immovable or movable property by means of painting, marking, scratching, drawing, or etching with graffiti.

(2) “Graffiti” includes but is not limited to any sign, inscription, design, drawing, diagram, etching, sketch, symbol, lettering, name, or marking placed upon immovable or movable property in such a manner and in such a location as to deface the property and be visible to the general public.

C. Whoever commits the crime of criminal damage to property by defacing with graffiti, where the damage is less than five hundred dollars, shall be fined not more than five hundred dollars or imprisoned for not more than six months in the parish jail, or both.

D. Where the damage is more than five hundred dollars but less than fifty thousand dollars, the offender shall be fined not more than one thousand dollars or imprisoned with or without hard labor for not more than two years, or both.

E. Where the damage amounts to fifty thousand dollars or more, the offender shall be fined not more than ten thousand dollars or imprisoned with or without hard labor for not less than one nor more than ten years, or both.

F. (1) The court, in addition to any punishment imposed under the provisions of this Section, may order the offender to clean up, repair, or replace any property damaged by the act or to pay restitution to the owner of the damaged property.

(2) The court may also order the offender to perform the following hours of community service:

(a) For a first conviction, not to exceed thirty-two hours over a period not to exceed one hundred eighty days.

(b) For a second or subsequent conviction, sixty-four hours over a period not to exceed one hundred eighty days.

G. If a minor is personally unable to pay a fine levied for acts prohibited by this Section or make restitution as may be ordered by the court, the parent or guardian of the minor shall be liable for payment of the fine or restitution. A court may waive payment of the fine or restitution, or any part thereof, by the parent or guardian of the minor upon a finding of good cause.

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Added by Acts 2008, No. 8, § 1.

Current through the 2012 Regular Session.

LSA-R.S. 14:56.5

Effective: August 15, 2010

West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part III. Offenses Against Property

Subpart A. By Violence to Buildings and Other Property

2. Criminal Damage to Property

§ 56.5. Criminal damage to historic buildings or landmarks by defacing with graffiti

A. It shall be unlawful for any person to intentionally deface with graffiti any historic building or landmark, whether publicly or privately owned, without the consent of the owner.

B. As used in this Section, the following terms shall have the following meanings:

(1) “Deface” or “defacing” is the damaging of any historic building or landmark by means of painting, marking, scratching, drawing, or etching with graffiti.

(2) “Graffiti” includes but is not limited to any sign, inscription, design, drawing, diagram, etching, sketch, symbol, lettering, name, or marking placed upon any historic building or landmark in such a manner and in such a location as to deface the property and be visible to the general public.

(3) “Historic building or landmark” means any of the following:

(a) Any building or landmark specifically designated as historically significant by the state historic preservation office, historic preservation district commission, landmarks commission, the planning or zoning commission of a governing authority, or by official action of a local political subdivision.

(b) Any structure located within a National Register Historic District, a local historic district, a Main Street District, a cultural products district, or a downtown development district.

C. (1) Whoever commits the crime of criminal damage to historic buildings or landmarks by defacing with graffiti shall be fined up to one thousand dollars and may be imprisoned, with or without hard labor, for not more than two years.

(2) The court shall also order the offender to perform the following hours of community service as follows:

(a) For a first conviction, not to exceed thirty-two hours over a period not to exceed one hundred eighty days.

(b) For a second or subsequent conviction, sixty-four hours over a period not to exceed one hundred eighty days.

(3) The fine and community service imposed by the provisions of this Section shall not be suspended.

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Added by Acts 2010, No. 990, § 1.

Current through the 2012 Regular Session.

LSA-R.S. 14:57

Effective:[See Text Amendments]

West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part III. Offenses Against Property

Subpart A. By Violence to Buildings and Other Property

2. Criminal Damage to Property

§ 57. Damage to property with intent to defraud

Damage to property with intent to defraud is the damaging of any property, by means other than fire or explosion, with intent to defraud.

Whoever commits the crime of damage to property with intent to defraud shall be fined not more than ten thousand dollars, imprisoned with or without hard labor for not more than four years, or both.

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Amended by Acts 1980, No. 708, § 1.

Current through the 2012 Regular Session.

LSA-R.S. 14:58

Effective:[See Text Amendments]

West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part III. Offenses Against Property

Subpart A. By Violence to Buildings and Other Property

2. Criminal Damage to Property

§ 58. Contaminating water supplies

Contaminating water supplies is the intentional performance of any act tending to contaminate any private or public water supply.

Whoever commits the crime of contaminating water supplies, when the act foreseeably endangers the life or health of human beings, shall be fined not more than one thousand dollars, or imprisoned, with or without hard labor, for not more than twenty years, or both.

Whoever commits the crime of contaminating water supplies, when the act does not foreseeably endanger the life or health of human beings, shall be fined not more than five hundred dollars, or imprisoned, with or without hard labor, for not more than five years, or both.

Current through the 2012 Regular Session.

LSA-R.S. 14:59

Effective: August 15, 2008

West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part III. Offenses Against Property

Subpart A. By Violence to Buildings and Other Property

2. Criminal Damage to Property

§ 59. Criminal mischief

A. Criminal mischief is the intentional performance of any of the following acts:

(1) Tampering with any property of another, without the consent of the owner, with the intent to interfere with the free enjoyment of any rights of anyone thereto, or with the intent to deprive anyone entitled thereto of the full use of the property.

(2) Giving of any false alarm of fire or notice which would reasonably result in emergency response.

(3) Driving of any tack, nail, spike or metal over one and one-half inch in length into any tree located on lands belonging to another, without the consent of the owner, or without the later removal of the object from the tree.

(4) The felling, topping, or pruning of trees or shrubs within the right-of-way of a state highway, without prior written approval of the chief engineer of the Department of Transportation and Development or his designated representative, provided prior written approval is not required for agents or employees of public utility companies in situations of emergency where the person or property of others is endangered.

(5) Giving of any false report or complaint to a sheriff, or his deputies, or to any officer of the law relative to the commission of, or an attempt to commit, a crime.

(6) Throwing any stone or any other missile in any street, avenue, alley, road, highway, open space, public square, or enclosure, or throwing any stone, missile, or other object from any place into any street, avenue, road, highway, alley, open space, public square, enclosure, or at any train, railway car, or locomotive.

(7) Taking temporary possession of any part or parts of a place of business, or remaining in a place of business after the person in charge of such business or portion of such business has directed such person to leave the premises and to desist from the temporary possession of any part or parts of such business.

(8) The communication to any person for the purpose of disrupting any public utility water service, when the communication causes any officer, employee, or agent of the service reasonably to be placed in sustained fear for his or another person's safety, or causes the evacuation of a water service building, or causes any discontinuance of any water services.

(9) The discharging of any firearm at a train, locomotive, or railway car.

(10) Repealed by Acts 2008, No. 8, § 2.

B. Whoever commits the crime of criminal mischief shall be fined not more than five hundred dollars, or be imprisoned for not more than six months in the parish jail, or both.

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Amended by Acts 1956, No. 232, § 1; Acts 1958, No. 174, § 1; Acts 1960, No. 77, § 1; Acts 1963, No. 97, § 1; Acts 1968, No. 647, § 1, eff. July 20, 1968, at 1:30 P.M; Acts 1977, No. 126, § 1; Acts 1983, No. 428, § 1; Acts 1986, No. 164, § 1; Acts 1994, 3rd Ex.Sess., No. 118, § 1; Acts 1995, No. 882, § 1; Acts 2008, No. 8, § 2.

Current through the 2012 Regular Session.

Ala.Code 1975 § 13A-7-61

 

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 4. . Miscellaneous Offenses.

§ 13A-7-61. Allowing stock to run at large under common fence.

Any one of several persons occupying or cultivating lands under a common fence who turns stock of any kind into such inclosure, or knowingly suffers such stock to go at large therein without the consent of all the persons owning or cultivating such lands, shall, on conviction, be punished by a fine of not less than $5.00 nor more than $50.00, and also the amount of damages inflicted by the stock, which damages shall be held as a part of the penalty imposed by the court, and shall go to the party injured.

Whenever a conviction shall be had under this section, unless the full amount of the penalty is immediately paid, it shall be the duty of the sheriff, or other officer charged with the execution of the judgment of the court, to seize and hold the stock committing the trespass, and after giving five days' notice by posting at three or more public places in the neighborhood, to sell the same, and out of the proceeds to collect the amount of such penalty and costs; and the surplus shall be paid to the owner of such stock.

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(Code 1876, §§ 4414, 4415; Code 1886, §§ 3878, 3879; Code 1896, §§ 5614, 5615; Code 1907, §§ 7835, 7836; Code 1923, §§ 5562, 5563; Code 1940, T. 14, §§ 434, 435; Code 1975, § 13-2-106.)

Current through Act 2013-172 of the 2013 Regular Session.

Title 6. Crimes Against Property

Subtitle 3. Malicious Destruction and Related Crimes

§ 6-301. Malicious destruction--Generally

Prohibited

(a) A person may not willfully and maliciously destroy, injure, or deface the real or personal property of another.

Penalty--Property damage of at least $500

(b) A person who, in violation of this section, causes damage of at least $500 to the property is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $2,500 or both.

Penalty--Property damage of less than $500

(c) A person who, in violation of this section, causes damage of less than $500 to the property is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 60 days or a fine not exceeding $500 or both.

Penalty--Restitution for graffiti

(d)(1) For purposes of this subsection, an act of “graffiti” means a permanent drawing, permanent painting, or a permanent mark or inscription on the property of another without the permission of the owner of the property.

(2) In addition to the penalties set forth in subsections (b) and (c) of this section, the court shall order a person convicted of causing malicious destruction by an act of graffiti to pay restitution or perform community service or both.

(3) Title 11, Subtitle 6 of the Criminal Procedure Article applies to an order of restitution under this subsection.

Aggregation of damages

(e)(1) Except as provided in paragraph (2) of this subsection, to determine a penalty, the court may consider as one crime the aggregate value of damage to each property resulting from one scheme or continuing course of conduct.

(2) If separate acts resulting in damage to the properties of one or more owners are set forth by separate counts in one or more charging documents, the separate counts may not be merged for sentencing.

Value of damages

(f)(1) The value of damage is not a substantive element of a crime under this section and need not be stated in the charging document.

(2) The value of damage shall be based on the evidence and that value shall be applied for the purpose of imposing the penalties established in this section.

(3) If it cannot be determined from the evidence whether the value of the damage to the property is more or less than $500, the value is deemed to be less than $500.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 111.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-302

Formerly cited as MD CODE Art. 27, § 111B

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 3. Malicious Destruction and Related Crimes

§ 6-302. Malicious destruction--Throwing object at vehicle

Prohibited

(a) A person may not willfully throw, shoot, or propel a rock, brick, piece of iron, steel, or other similar metal, or a dangerous missile at or into a vehicle or other means of transportation that is occupied by an individual.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 111B.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-303

Formerly cited as MD CODE Art. 27, § 194

Effective: October 1, 2010

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 3. Malicious Destruction and Related Crimes

§ 6-303. Public utility interference--Electrical equipment

Electric company defined

(a) In this section, “electric company” has the meaning stated in § 1-101 of the Public Utilities Article.

Scope of section

(b) This section does not apply to:

(1) an employee of or a person authorized by an electric company; and

(2) supervision and control of an electric company and its material, equipment, or facilities by the political subdivision within which the electric company is doing business.

Prohibited

(c) A person may not willfully:

(1) tamper or interfere with the material, equipment, or facilities of an electric company;

(2) make a connection with an electrical conductor to use the electricity; or

(3) tamper with a meter used to register electricity consumed.

Prima facie evidence of violation

(d) Prima facie evidence of intent to violate this section by a person who uses or directly benefits from the use or diversion of electricity includes:

(1) a connection, wire, conductor, meter alteration, or other device that diverts electricity without the electric current being registered by the meter installed by the electric company that supplies the electricity;

(2) the use of electricity supplied by an electric company without the electricity being registered on a meter that the electric company supplied; and

(3) a showing by a check or test meter used by the electric company that a customer uses more electricity than is registered on the meter that the electric company supplied for the customer's premises.

Penalty

(e) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both.

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Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 43, § 1, eff. Oct. 1, 2002; Acts 2010, c. 52, § 1, eff. Oct. 1, 2010.

Formerly Art. 27, § 194.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-304

Formerly cited as MD CODE Art. 27, § 192

Effective: October 1, 2010

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 3. Malicious Destruction and Related Crimes

§ 6-304. Public utility interference--Gas equipment

Gas company defined

(a) In this section, “gas company” has the meaning stated in § 1-101 of the Public Utilities Article.

Prohibited

(b)(1) A person may not wrongfully and maliciously damage, connect, disconnect, tap, or interfere or tamper with material, equipment, or facilities of a gas company.

(2) A person may not intentionally damage or defraud a gas company by:

(i) bypassing a meter provided for registering the gas consumed;

(ii) willfully tampering with, damaging, or preventing the action of a meter to register gas; or

(iii) causing or procuring a meter to be damaged or altered.

Prima facie evidence of violation

(c) Prima facie evidence of a violation of this section by the person who would directly benefit from the use of the gas passing through the meter includes:

(1) a device that allows the use of gas supplied by a gas company without the gas being registered on a meter provided by the gas company; and

(2) damage or alteration to a meter so as to prevent the action of the meter.

Penalty

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $250 or both.

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Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2010, c. 52, § 1, eff. Oct. 1, 2010.

Formerly Art. 27, § 192.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-305

Formerly cited as MD CODE Art. 27, § 118

Effective: October 1, 2010

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 3. Malicious Destruction and Related Crimes

§ 6-305. Public utility interference--Water equipment

Water equipment defined

(a) In this section, “water equipment” includes a canal, spring, reservoir, tunnel, mound, dam, plug, main, pipe, conduit, connection, tap, valve, engine, or machinery.

Scope of section

(b) This section does not apply to:

(1) a person who is authorized by the company, municipal corporation, county, or unit of State or local government that uses or supplies water for domestic, agricultural, or manufacturing purposes or an authorized employee of the company, municipal corporation, county, or unit of State or local government; or

(2) governmental regulation of:

(i) water equipment; or

(ii) water companies, as defined in § 1-101 of the Public Utilities Article.

Prohibited

(c) A person may not wrongfully and maliciously:

(1) connect, disconnect, tap, interfere or tamper with, or make a connection with water equipment that belongs to a company, municipal corporation, county, or unit of State or local government that uses or supplies water for domestic, agricultural, or manufacturing purposes; or

(2) tamper with a meter used to register the water consumed.

Penalty

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2010, c. 52, § 1, eff. Oct. 1, 2010.

Formerly Art. 27, § 118.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-306

Formerly cited as MD CODE Art. 27, § 389

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 3. Malicious Destruction and Related Crimes

§ 6-306. Serial number--Alteration and sale of good

Prohibited--Alteration

(a) A person may not remove, deface, or obliterate a manufacturer's serial number that is punched on or affixed by plate to a manufactured good with the intent to prevent tracing or identifying that good.

Prohibited--Sale of good

(b) Except as provided in § 14-107(m) of the Transportation Article, a person may not knowingly keep or offer for sale a manufactured good from which the manufacturer's serial number has been removed, defaced, or obliterated in violation of subsection (a) of this section.

Penalty

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $500 or both for each violation.

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Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 389.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-307

Formerly cited as MD CODE Art. 27, § 389

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 3. Malicious Destruction and Related Crimes

§ 6-307. Serial number--Possession and use

Prohibited

(a) A person may not:

(1) sell or possess a stolen:

(i) manufactured serial number; or

(ii) vehicle identification plate or label; or

(2) possess a manufactured serial number or vehicle identification plate or label if the person intends it to be:

(i) affixed to stolen property; or

(ii) used for fraudulent purposes.

Penalty

(b) A person who violates a provision of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $500 or both for each violation.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 389.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

720 ILCS 5/20.5-5

Effective: January 1, 2010

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part C. Offenses Directed Against Property

Article 20.5. Causing a Catastrophe; Deadly Substances (Refs & Annos)

5/20.5-5. § 20.5-5. Renumbered as § 29D-15.1 by P.A. 96-710, § 25, eff. Jan. 1, 2010

Current through P.A. 98-16 of the 2013 Reg. Sess.

720 ILCS 5/20.5-6

Effective: January 1, 2010

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part C. Offenses Directed Against Property

Article 20.5. Causing a Catastrophe; Deadly Substances (Refs & Annos)

5/20.5-6. § 20.5-6. Renumbered as § 29D-15.2 by P.A. 96-710, § 25, eff. Jan. 1, 2010

Current through P.A. 98-16 of the 2013 Reg. Sess.

ILCS Ch. 720, ACT 5, T. III, Pt. C, Art. 21, Refs & Annos

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 11. Short Title

§ 5-1101. Short title

This title may be cited as the “Maryland Controlled Dangerous Substances Act”.

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Added as Criminal Law § 5-1001 by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Renumbered as Criminal Law § 5-1101 by Acts 2002, c. 213, § 4, eff. Oct. 1, 2002.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-101

Formerly cited as MD CODE Art. 27, § 5

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 1. Arson and Burning

§ 6-101. Definitions

In general

(a) In this subtitle the following words have the meanings indicated.

Dwelling

(b)(1) “Dwelling” means a structure any part of which has been adapted for overnight accommodation of an individual, regardless of whether an individual is actually present.

(2) “Dwelling” includes a kitchen, shop, barn, stable, or outbuilding that is a parcel to, belongs to, or adjoins the dwelling.

Maliciously

(c) “Maliciously” means acting with intent to harm a person or property.

Structure

(d)(1) “Structure” means a building or other construction, a vehicle, or watercraft.

(2) “Structure” includes a:

(i) barn, stable, pier, wharf, and any facility attached to a pier or wharf;

(ii) tent, public building, or public bridge; and

(iii) railroad car.

Willfully

(e) “Willfully” means acting intentionally, knowingly, and purposely.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 5.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-102

Formerly cited as MD CODE Art. 27, § 6

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 1. Arson and Burning

§ 6-102. Arson in the first degree

Prohibited

(a) A person may not willfully and maliciously set fire to or burn:

(1) a dwelling; or

(2) a structure in or on which an individual who is not a participant is present.

Penalty

(b) A person who violates this section is guilty of the felony of arson in the first degree and on conviction is subject to imprisonment not exceeding 30 years or a fine not exceeding $50,000 or both.

Prohibited defense

(c) It is not a defense to a prosecution under this section that the person owns the property.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 6.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-103

Formerly cited as MD CODE Art. 27, § 7

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 1. Arson and Burning

§ 6-103. Arson in the second degree

Prohibited

(a) A person may not willfully and maliciously set fire to or burn a structure that belongs to the person or to another.

Penalty

(b) A person who violates this section is guilty of the felony of arson in the second degree and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $30,000 or both.

Prohibited defense

(c) It is not a defense to a prosecution under this section that the person owns the property.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 7.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-104

Formerly cited as MD CODE Art. 27, § 8

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 1. Arson and Burning

§ 6-104. Malicious burning of personal property in the first degree

Scope of section

(a) This section applies to a violation involving property damage of $1,000 or more.

Prohibited

(b) A person may not willfully and maliciously set fire to or burn the personal property of another.

Penalty

(c) A person who violates this section is guilty of the felony of malicious burning in the first degree and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 8.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-105

Formerly cited as MD CODE Art. 27, § 8

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 1. Arson and Burning

§ 6-105. Malicious burning of personal property in the second degree

Scope

(a) This section applies to a violation involving property damage of less than $1,000.

Prohibited

(b) A person may not willfully and maliciously set fire to or burn the personal property of another.

Penalty

(c) A person who violates this section is guilty of the misdemeanor of malicious burning in the second degree and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $500 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 8.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-106

Formerly cited as MD CODE Art. 27, § 8

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 1. Arson and Burning

§ 6-106. Burning with intent to defraud

Prohibited

(a) A person may not set fire to or burn property of any kind with the intent to defraud another.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

Statute of limitations and in banc review

(c) A person who violates this section is subject to § 5-106(b) of the Courts Article.

Sentence

(d) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the violation of this section.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 8.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-107

Formerly cited as MD CODE Art. 27, § 9

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 1. Arson and Burning

§ 6-107. Threat of arson

Prohibited

(a) A person may not threaten verbally or in writing to:

(1) set fire to or burn a structure; or

(2) explode a destructive device, as defined in § 4-501 of this article, in, on, or under a structure.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 9.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-108

Formerly cited as MD CODE Art. 27, § 9A

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 1. Arson and Burning

§ 6-108. Burning trash container

Prohibited

(a) A person may not willfully and maliciously set fire to or burn the contents of a dumpster or trash receptacle that belongs to another.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine not exceeding $500 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 9A.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-109

Formerly cited as MD CODE Art. 27, § 9B

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 1. Arson and Burning

§ 6-109. Attempt to burn structure or property

Placing or distributing a flammable, explosive, or combustible material or device in or near a structure or personal property in preparation for burning the structure or property is an attempt to burn the structure or property.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 9B.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-110

Formerly cited as MD CODE Art. 27, § 9B

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 1. Arson and Burning

§ 6-110. Separate units--Separate violations

If a structure is divided into separately owned or leased units, each unit is a separate structure for purposes of prosecution under this subtitle.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 9B.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-111

Formerly cited as MD CODE Art. 27, § 11

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 1. Arson and Burning

§ 6-111. Charging document

In general

(a) An indictment, information, warrant, or other charging document for a crime under this subtitle is sufficient if it substantially states:

“(name of defendant) on (date) in (county) burned or set fire to (describe property) or (describe other violation) in violation of (section violated) against the peace, government, and dignity of the State.”.

Bill of particulars

(b) If the general form of indictment or information described in subsection (a) of this section is used to charge a crime under this subtitle in a case in the circuit court, the defendant, on timely demand, is entitled to a bill of particulars.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 11.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

U.C.A. 1953 § 76-6-901

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 9. Cultural Sites Protection

§ 76-6-901. Definitions

As used in this part:

(1) “Antiquities” means:

(a) all material remains and their associations, recoverable through excavation or surface collection, that provide information pertaining to the historic or prehistoric peoples in the state; and

(b) vertebrate fossils and other exceptional fossils and fossil sites designated as state landmarks.

(2) “Landowner” includes the School and Institutional Trust Lands Administration with respect to lands sold by the School and Institutional Trust Lands Administration and upon which a restrictive deed covenant has been imposed by the School and Institutional Trust Lands Administration.

(3) “Persons” means an individual, corporation, partnership, trust, institution, association, or any other private entity or any officer, employee, agent, department, or instrumentality of the United States, of any Native American tribe, or of any state or political subdivision of any state.

(4) “State lands” means all lands owned by:

(a) Utah, including school and institutional trust lands and lands sold by the School and Institutional Trust Lands Administration subject to a restrictive deed covenant for the protection of antiquities; and

(b) political subdivisions.

CREDIT(S)

Laws 1990, c. 277, § 1; Laws 2006, c. 111, § 1, eff. May 1, 2006.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-902

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 9. Cultural Sites Protection

§ 76-6-902. Prohibitions

(1) It is unlawful for any person to intentionally alter, remove, injure, or destroy antiquities from state lands or private lands without the landowner's consent.

(2) It is unlawful to intentionally reproduce, rework, or forge any antiquities or make any object, whether copies or not, or falsely label, describe, identify, or offer for sale or exchange any object with the intent to represent the object as original and genuine, nor may any person offer any object for sale or exchange that was collected or excavated in violation of this chapter.

CREDIT(S)

Laws 1990, c. 277, § 2; Laws 1999, c. 51, § 1, eff. May 3, 1999; Laws 2006, c. 111, § 2, eff. May 1, 2006.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-903

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 9. Cultural Sites Protection

§ 76-6-903. Penalties

(1) A person is guilty of a class B misdemeanor if that person:

(a) violates this part; or

(b) counsels, procures, solicits, or employs any other person to violate this part.

(2) A person is guilty of a third degree felony if:

(a) that person commits a second or subsequent violation described in Subsection (1); or

(b) the amount calculated under Subsection (3) for a violation described in Subsection (1) exceeds $500.

(3) The amount described in Subsection (2)(b) is calculated by adding the:

(a) commercial or archaeological value of the antiquities involved in the violation; and

(b) cost of the restoration and repair of the antiquities involved in the violation.

(4)(a) All property used in conjunction with the criminal activity, together with all photographs and records, shall be forfeited to the state.

(b) All articles and material discovered, collected, excavated, or offered for sale or exchange shall be surrendered to the landowner.

CREDIT(S)

Laws 1990, c. 277, § 3; Laws 1991, c. 241, § 94; Laws 1999, c. 51, § 2, eff. May 3, 1999.

Current through 2012 Fourth Special Session.

Ala.Code 1975 T. 13A, Ch. 7, Art. 2, Refs & Annos

 

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 2. . Criminal Damage to Property.

 

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-20

 

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 2. . Criminal Damage to Property. (Refs & Annos)

§ 13A-7-20. Definitions.

The definitions contained in Sections 13A-7-40 and 13A-8-1 are applicable in this article unless the context otherwise requires.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2701.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-21

 

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 2. . Criminal Damage to Property. (Refs & Annos)

§ 13A-7-21. Criminal mischief in the first degree.

(a) A person commits the crime of criminal mischief in the first degree if, with intent to damage property, and having no right to do so or any reasonable ground to believe that he or she has such a right, he or she inflicts damages to property:

(1) In an amount exceeding two thousand five hundred dollars ($2,500); or

(2) By means of an explosion.

(b) Criminal mischief in the first degree is a Class C felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2705; Act 2003-355, p. 962, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-22

 

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 2. . Criminal Damage to Property. (Refs & Annos)

§ 13A-7-22. Criminal mischief in the second degree.

(a) A person commits the crime of criminal mischief in the second degree if, with intent to damage property, and having no right to do so or any reasonable ground to believe that he or she has such a right, he or she inflicts damages to property in an amount which exceeds five hundred dollars ($500) but does not exceed two thousand five hundred dollars ($2,500).

(b) Criminal mischief in the second degree is a Class A misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2706; Act 2003-355, p. 962, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-23

 

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 2. . Criminal Damage to Property. (Refs & Annos)

§ 13A-7-23. Criminal mischief in the third degree.

(a) A person commits the crime of criminal mischief in the third degree if, with intent to damage property, and having no right to do so or any reasonable ground to believe that he or she has such a right, he or she inflicts damages to property in an amount not exceeding five hundred dollars ($500).

(b) Criminal mischief in the third degree is a Class B misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2707; Act 2003-355, p. 962, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-23.1

 

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 2. . Criminal Damage to Property. (Refs & Annos)

§ 13A-7-23.1. Desecration, defacement, etc., of memorial of dead; invasion or mutilation of corpse.

(a) Any person who willfully or maliciously injures, defaces, removes, or destroys any tomb, monument, gravestone, burial mound, earthen or shell monument containing human skeletal remains or associated burial artifacts, or other structure or thing placed or designed for a memorial of the dead, or any fence, railing, curb, or any enclosure for the protection or ornamentation of any tomb, monument, gravestone, burial mound, earthen or shell monument containing human skeletal remains or associated burial artifacts, or other structure before mentioned, or for any enclosure for the burial of the dead, or any person who willfully and wrongfully or maliciously destroys, removes, cuts, breaks, or injures any tree, shrub, plant, flower, decoration, or other real or personal property within any cemetery or graveyard shall be guilty of a Class A misdemeanor.

(b) Any person who willfully or maliciously desecrates, injures, defaces, removes, or destroys any tomb, monument, structure, or container of human remains, burial mound, earthen or shell monument containing human skeletal remains or associated burial artifacts, and invades or mutilates the human corpse or remains shall be guilty of a Class C felony and upon conviction the person shall be punished as provided by law.

(c) The provisions of subsections (a) and (b) shall not apply to any person holding a permit issued by the Alabama Historical Commission pursuant to subsection (d), to anyone operating a cemetery under standard rules and regulations and maintenance procedures, or to any person otherwise authorized by law to remove or disturb a tomb, monument, grave marker, burial mound, earthen or shell monument, or similar structure, or its contents, as described in subsections (a) and (b), nor shall subsections (a) and (b) apply to any person authorized to take any action on municipal property.

(d) The Alabama Historical Commission, to provide for the lawful preservation, investigation, restoration, or relocation of human burial remains, human skeletal remains, or funerary objects, shall promulgate rules and regulations for the issuance of a permit and may issue a permit to persons or companies who seek to restore, preserve, or relocate human burial remains, human skeletal remains, funerary objects, or otherwise disturb, a place of burial.

CREDIT(S)

(Acts 1980, No. 80-706, p. 1424; Acts 1993, No. 93-770, § 1; Acts 1993, 1st Ex. Sess., No. 93-905, p. 201, § 1; Act 2010-723, p. 1798, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-24

 

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 2. . Criminal Damage to Property. (Refs & Annos)

§ 13A-7-24. (Final placement and text of 2013 legislation is subject to editorial action of the Code Commissioner) Criminal tampering -- Definitions.

The following definitions apply to Sections 13A-7-25 and 13A-7-26:

“(1) TAMPER. To improperly interfere, meddle with or make an unwarranted alteration in the condition of property of another.

“(2) PROPERTY. As used in the context of Sections 13A-7-25 and 13A-7-26, such term means any tangible or intangible property, real or personal, public or private, and includes the commodities and services of a utility nature, such as gas, electricity, steam and water.

“(3) UTILITY. An enterprise which provides gas, electric, steam, water, sewage, transportation or communication services, cable and broadband services, and any institution that provides health and safety protection or other public services; it may be either publicly or privately owned.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2710; Act 2013-74, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-25

 

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 2. . Criminal Damage to Property. (Refs & Annos)

§ 13A-7-25. (Final placement and text of 2013 legislation is subject to editorial action of the Code Commissioner) Criminal tampering in the first degree.

(a) A person commits the crime of criminal tampering in the first degree if the person does any of the following:

(1) Having no right to do so or any reasonable ground to believe that he or she has such a right, intentionally causes substantial interruption or impairment of a service rendered to the public by a utility.

(2) Threatens an individual with a deadly weapon or dangerous instrument with the intent to obstruct the operation of a utility. This subdivision only applies if the individual is working under the procedures and within the scope of his or her duties as an employee of the utility and has properly identified himself or herself when asked by stating his or her name, employer, and purpose of work.

(b) Criminal tampering in the first degree is a Class C felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2711; Act 2013-74, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-26

 

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 2. . Criminal Damage to Property. (Refs & Annos)

§ 13A-7-26. Criminal tampering in the second degree.

(a) A person commits the crime of criminal tampering in the second degree if, having no right to do so or any reasonable ground to believe that he has such a right, he:

(1) Intentionally tampers with property of another for the purpose of causing substantial inconvenience to that person or to another; or

(2) Intentionally tampers or makes connection with property of a utility.

(b) Criminal tampering in the second degree is a Class B misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2712.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-27

 

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 2. . Criminal Damage to Property. (Refs & Annos)

§ 13A-7-27. Criminal use of noxious substance.

(a) A person commits the crime of criminal use of a noxious substance if he knowingly deposits on the land or in the building or vehicle of another, without his consent, any stink bomb or device, irritant or offensive-smelling substance, with the intent to interfere with another's use of the land, building or vehicle.

(b) Criminal use of a noxious substance is a Class A misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2715.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-28

 

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 2. . Criminal Damage to Property. (Refs & Annos)

§ 13A-7-28. Criminal possession of noxious substances.

(a) A person commits the crime of criminal possession of noxious substances if he possesses, manufactures or transports any stink bomb or device, irritant, offensive-smelling or injurious substance, and intends that the injurious article or substance be used in the commission of any crime.

(b) Criminal possession of noxious substances is a Class A misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2720.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-29

 

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 2. . Criminal Damage to Property. (Refs & Annos)

§ 13A-7-29. Criminal littering.

(a) A person commits the crime of criminal littering if he or she engages in any of the following acts:

(1) Knowingly deposits in any manner litter on any public or private property or in any public or private waters, having no permission to do so. For purposes of this subdivision, any series of items found in the garbage, trash, or other discarded material including, but not limited to, bank statements, utility bills, bank card bills, and other financial documents, clearly bearing the name of a person shall constitute a rebuttable presumption that the person whose name appears thereon knowingly deposited the litter. Advertising, marketing, and campaign materials and literature shall not be sufficient to constitute a rebuttable presumption of criminal littering under this subsection.

(2) Negligently deposits in any manner glass or other dangerously pointed or edged objects on or adjacent to water to which the public has lawful access for bathing, swimming, or fishing, or on or upon a public highway, or within the right-of-way thereof.

(3) Discharges sewage, oil products, or litter from a watercraft vessel of more than 25 feet in length into a river, inland lake, or stream within the state or within three miles of the shoreline of the state.

(4)a. Drops or permits to be dropped or thrown upon any highway any destructive or injurious material and does not immediately remove the same or cause it to be removed; or

b. Removes a wrecked or damaged vehicle from a highway and does not remove glass or other injurious substance dropped upon the highway from such vehicle.

(b) “Litter” means rubbish, refuse, waste material, garbage, dead animals or fowl, offal, paper, glass, cans, bottles, trash, scrap metal, debris, or any foreign substance of whatever kind and description, and whether or not it is of value. Any agricultural product in its natural state that is unintentionally deposited on a public highway, road, street, or public right-of-way shall not be deemed litter for purposes of this section or Section 32-5-76. Any other law or ordinance to the contrary notwithstanding, the unintentional depositing of an agricultural product in its natural state on a public highway, road, street, or right-of-way shall not constitute unlawful littering or any similarly prohibited activity.

(c) It is no defense under subsections (a)(3) and (a)(4) that the actor did not intend, or was unaware of, the act charged.

(d) Criminal littering is a Class C misdemeanor. The minimum fine for the first conviction shall be two hundred fifty dollars ($250), and the fine for the second and any subsequent conviction shall be five hundred dollars ($500) for each conviction.

(e) The fine from such conviction shall be awarded and distributed by the court to the municipal, and/

or county, and/or State General Fund, following a determination by the court of whose law enforcement agencies or departments have been a participant in the arrest or citation resulting in the fine. Such award and distribution shall be made on the basis of the percentage as determined by the court, which the respective agency or department contributed to the police work resulting in the arrest, and shall be spent by the governing body on law and litter enforcement purposes only.

(f) No action for criminal littering based on evidence that creates a rebuttable presumption under subsection (a)(1) shall be brought against a person by or on behalf of a county or municipal governing body unless he or she has been given written notice by a designee of the governing body that items found in an accumulation of garbage, trash, or other discarded materials contain his or her name, and that, under subsection (a)(1), there is a rebuttable presumption that he or she knowingly deposited the litter. The notice shall advise the person that criminal littering is a Class C misdemeanor, and shall provide that, unless the person can present satisfactory information or evidence to rebut the presumption to the designee of the governing body within 15 days from the date of the notice, an action for criminal littering may be filed against him or her in the appropriate court. If the person responds to the notice and presents information or evidence to the designee of the governing body, the designee shall review the information or evidence presented and make a determination as to whether or not an action should be brought against the person for criminal littering. The designee shall provide written notice to the person of its determination, and if the intent is to proceed with an action for criminal littering, the notice shall be sent before any action is filed.

(g) Upon approval of the county commission, the county license inspector employed under Section 40-12-10 shall have the same authority to issue citations against persons violating this section as county license inspectors have with regard to persons violating revenue laws as provided in Section 40-12-10. In addition, the county solid waste officer, as defined in subsection (b) of Section 22-27-3, shall have the same authority to issue citations against persons violating this section as solid waste officers have with regard to persons violating the Solid Wastes Disposal Act pursuant to subsection (b) of Section 22-27-3.

(h) Nothing herein shall authorize a county license inspector or solid waste officer to take any person into custody pursuant to this section unless the inspector or officer is a law enforcement officer employed by a law enforcement agency as defined in Section 36-21-40.

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(Acts 1977, No. 607, p. 812, § 2725; Acts 1990, No. 90-585, p. 1020; Acts 1997, No. 97-712, p. 1475, § 1; Act 98-494, p. 954, § 1; Act 2001-469, p. 623, § 1; Act 2010-260, p. 468, § 1.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 T. 13A, Ch. 7, Art. 3, Refs & Annos

 

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 3. . Arson and Explosives.

 

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-40

 

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 3. . Arson and Explosives. (Refs & Annos)

§ 13A-7-40. Definitions.

The following definitions are applicable to this article:

(1) BUILDING.As used in this article, such term means any structure which may be entered and utilized by persons for business, public use, lodging or the storage of goods, and includes any vehicle, railway car, aircraft or watercraft used for the lodging of persons or for carrying on business therein. Where a building consists of two or more units separately secured or occupied, each unit shall not be deemed a separate building.

(2) EXPLOSIVES.Any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities or packing that an ignition by fire, by friction, by concussion, by detonator or by chemical action of any part of the compound or mixture may cause a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb.

(3) EXPLOSION.A rapid, sudden and violent expansion of air or relinquishment of energy with resultant pressures that are capable of producing destructive effects on contiguous objects or of destroying life or limb. “Explosion” includes, but is not limited to, a sudden and rapid combustion, causing violent expansion of the air, or the sudden bursting or breaking up or in pieces from an internal or other force. “Explosion” is not limited to cases caused by combustion or fire, but it may result from decomposition or chemical action.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2801.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-41

 

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 3. . Arson and Explosives. (Refs & Annos)

§ 13A-7-41. Arson in the first degree.

(a) A person commits the crime of arson in the first degree if he intentionally damages a building by starting or maintaining a fire or causing an explosion, and when:

(1) Another person is present in such building at the time, and

(2) The actor knows that fact, or the circumstances are such as to render the presence of a person therein a reasonable possibility.

(b) Arson in the first degree is a Class A felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2805.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-42

 

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 3. . Arson and Explosives. (Refs & Annos)

§ 13A-7-42. Arson in the second degree.

(a) A person commits the crime of arson in the second degree if he intentionally damages a building by starting or maintaining a fire or causing an explosion.

(b) A person does not commit a crime under subsection (a) if:

(1) No person other than himself has a possessory or proprietary interest in the building damaged; or if other persons have those interests, all of them consented to his conduct; and

(2) His sole intent was to destroy or damage the building for a lawful and proper purpose.

(c) The burden of injecting the issue of justification in subsection (b) is on the defendant, but this does not shift the burden of proof.

(d) A person commits the crime of arson in the second degree if he intentionally starts or maintains a fire or causes an explosion which damages property in a detention facility or a penal facility, as defined in Section 13A-10-30, with reckless disregard (because of the nature or extent of the damage caused or which would have been caused but for the intervention of others) for the safety of others.

(e) Arson in the second degree is a Class B felony.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2806; Acts 1983, 2nd Ex. Sess., No. 83-177, p. 346.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-43

 

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 3. . Arson and Explosives. (Refs & Annos)

§ 13A-7-43. Arson in the third degree.

(a) A person commits the crime of arson in the third degree if he recklessly damages a building by a fire or an explosion.

(b) A person does not commit a crime under this section if no person other than himself has a possessory or proprietary interest in the damaged building.

(c) The burden of injecting the issue of justification in subsection (b) is on the defendant, but this does not shift the burden of proof.

(d) Arson in the third degree is a Class A misdemeanor.

CREDIT(S)

(Acts 1977, No. 607, p. 812, § 2807.)

Current through Act 2013-172 of the 2013 Regular Session.

Ala.Code 1975 § 13A-7-44

 

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 7. Offenses Involving Damage to and Intrusion Upon Property.

Article 3. . Arson and Explosives. (Refs & Annos)

§ 13A-7-44. Criminal possession of explosives. Repealed by Act 2009-718, p. 2115, § 23, effective August 1, 2009.

Current through Act 2013-172 of the 2013 Regular Session.

C.R.S.A. T. 18, Art. 4, Pt. 5, Refs & Annos

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 4. Offenses Against Property

Part 5. Trespass, Tampering, and Criminal Mischief

Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121

C.R.S.A. § 18-4-501

Effective: August 5, 2009

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 4. Offenses Against Property (Refs & Annos)

Part 5. Trespass, Tampering, and Criminal Mischief (Refs & Annos)

§ 18-4-501. Criminal mischief

(1) A person who knowingly damages the real or personal property of one or more other persons, including property owned by the person jointly with another person or property owned by the person in which another person has a possessory or proprietary interest, in the course of a single criminal episode commits a class 2 misdemeanor where the aggregate damage to the real or personal property is less than five hundred dollars. Where the aggregate damage to the real or personal property is five hundred dollars or more but less than one thousand dollars, the person commits a class 1 misdemeanor. Where the aggregate damage to the real or personal property is one thousand dollars or more but less than twenty thousand dollars, the person commits a class 4 felony. Where the aggregate damage to the real or personal property is twenty thousand dollars or more, the person commits a class 3 felony.

(2) Repealed by Laws 2009, Ch. 347, § 1, eff. Aug. 5, 2009.

(3) Repealed by Laws 2009, Ch. 347, § 1, eff. Aug. 5, 2009.

CREDIT(S)

Amended by Laws 1977, H.B.1654, § 25; Laws 1981, S.B.183, § 12; Laws 1984, S.B.172, § 9; Laws 1992, H.B.92-1297, § 5, eff. April 10, 1992; Laws 1998, Ch. 221, § 5, eff. July 1, 1998; Laws 1998, Ch. 314, § 14, eff. July 1, 1998; Laws 1999, Ch. 133, § 1, eff. July 1, 1999; Laws 2002, Ch. 322, § 7, eff. July 1, 2002; Laws 2003, Ch. 284, § 2, eff. July 1, 2003; Laws 2003, Ch. 298, § 3, eff. July 1, 2003; Laws 2007, Ch. 384, § 7, eff. July 1, 2007; Laws 2009, Ch. 347, § 1, eff. Aug. 5, 2009.

Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121

C.R.S.A. § 18-4-502

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 4. Offenses Against Property (Refs & Annos)

Part 5. Trespass, Tampering, and Criminal Mischief (Refs & Annos)

§ 18-4-502. First degree criminal trespass

A person commits the crime of first degree criminal trespass if such person knowingly and unlawfully enters or remains in a dwelling of another or if such person enters any motor vehicle with intent to commit a crime therein. First degree criminal trespass is a class 5 felony.

CREDIT(S)

Amended by Laws 1977, H.B.1654, § 26; Laws 1992, H.B.92-1078, § 16, eff. June 3, 1992; Laws 1993, H.B.93-1088, § 17, eff. July 1, 1993; Laws 1998, Ch. 314, § 31, eff. July 1, 1998.

Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121

C.R.S.A. § 18-4-503

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 4. Offenses Against Property (Refs & Annos)

Part 5. Trespass, Tampering, and Criminal Mischief (Refs & Annos)

§ 18-4-503. Second degree criminal trespass

(1) A person commits the crime of second degree criminal trespass if such person:

(a) Unlawfully enters or remains in or upon the premises of another which are enclosed in a manner designed to exclude intruders or are fenced; or

(b) Knowingly and unlawfully enters or remains in or upon the common areas of a hotel, motel, condominium, or apartment building; or

(c) Knowingly and unlawfully enters or remains in a motor vehicle of another.

(2) Second degree criminal trespass is a class 3 misdemeanor, but:

(a) It is a class 2 misdemeanor if the premises have been classified by the county assessor for the county in which the land is situated as agricultural land pursuant to section 39-1-102(1.6), C.R.S.; and

(b) It is a class 4 felony if the person trespasses on premises so classified as agricultural land with the intent to commit a felony thereon.

(3) Whenever a person is convicted of, pleads guilty or nolo contendere to, receives a deferred judgment or sentence for, or is adjudicated a juvenile delinquent for, a violation of paragraph (c) of subsection (1) of this section, the offender's driver's license shall be revoked as provided in section 42-2-125, C.R.S.

CREDIT(S)

Amended by Laws 1981, H.B.1465, § 1; Laws 1983, H.B.1340, § 8; Laws 1984, H.B.1329, § 14; Laws 1993, H.B.93-1088, § 18, eff. July 1, 1993; Laws 1994, H.B.94-1126, § 11, eff. July 1, 1994; Laws 2002, Ch. 322, § 11, eff. July 1, 2002; Laws 2003, Ch. 284, § 4, eff. July 1, 2003.

Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121

C.R.S.A. § 18-4-504

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 4. Offenses Against Property (Refs & Annos)

Part 5. Trespass, Tampering, and Criminal Mischief (Refs & Annos)

§ 18-4-504. Third degree criminal trespass

(1) A person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon premises of another.

(2) Third degree criminal trespass is a class 1 petty offense, but:

(a) It is a class 3 misdemeanor if the premises have been classified by the county assessor for the county in which the land is situated as agricultural land pursuant to section 39-1-102(1.6), C.R.S.; and

(b) It is a class 5 felony if the person trespasses on premises so classified as agricultural land with the intent to commit a felony thereon.

CREDIT(S)

Amended by Laws 1983, H.B.1340, § 9; Laws 1984, H.B.1329, § 15; Laws 1989, S.B.246, § 48; Laws 1993, H.B.93-1088, § 19, eff. July 1, 1993.

Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121

C.R.S.A. § 18-4-504.5

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 4. Offenses Against Property (Refs & Annos)

Part 5. Trespass, Tampering, and Criminal Mischief (Refs & Annos)

§ 18-4-504.5. Definition of premises

As used in sections 18-4-503 and 18-4-504, “premises” means real property, buildings, and other improvements thereon, and the stream banks and beds of any nonnavigable fresh water streams flowing through such real property.

CREDIT(S)

Added by Laws 1977, S.B.360, § 1.

Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121

C.R.S.A. § 18-4-505

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 4. Offenses Against Property (Refs & Annos)

Part 5. Trespass, Tampering, and Criminal Mischief (Refs & Annos)

§ 18-4-505. First degree criminal tampering

Except as provided in sections 18-4-506.3 and 18-4-506.5, a person commits the crime of first degree criminal tampering if, with intent to cause interruption or impairment of a service rendered to the public by a utility or by an institution providing health or safety protection, he tampers with property of a utility or institution. First degree criminal tampering is a class 1 misdemeanor.

CREDIT(S)

Amended by Laws 1980, H.B.1131, § 2; Laws 1989, H.B.1115, § 2.

Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121

C.R.S.A. § 18-4-506

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 4. Offenses Against Property (Refs & Annos)

Part 5. Trespass, Tampering, and Criminal Mischief (Refs & Annos)

§ 18-4-506. Second degree criminal tampering

Except as provided in sections 18-4-506.3 and 18-4-506.5, a person commits the crime of second degree criminal tampering if he tampers with property of another with intent to cause injury, inconvenience, or annoyance to that person or to another or if he knowingly makes an unauthorized connection with property of a utility. Second degree criminal tampering is a class 2 misdemeanor.

CREDIT(S)

Amended by Laws 1977, H.B.1654, § 27; Laws 1980, H.B.1131, § 3; Laws 1980, S.B.31, § 1; Laws 1989, H.B.1115, § 3.

Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121

C.R.S.A. § 18-4-506.3

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 4. Offenses Against Property (Refs & Annos)

Part 5. Trespass, Tampering, and Criminal Mischief (Refs & Annos)

§ 18-4-506.3. Tampering with equipment associated with oil or gas gathering operations--penalty

(1) Any person who in any manner knowingly destroys, breaks, removes, or otherwise tampers with or attempts to destroy, break, remove, or otherwise tamper with any equipment associated with oil or gas gathering operations commits a class 2 misdemeanor.

(2) Any person who in any manner, without the consent of the owner or operator, knowingly alters, obstructs, interrupts, or interferes with or attempts to alter, obstruct, interrupt, or interfere with the action of any equipment used or associated with oil or gas gathering operations commits a class 2 misdemeanor.

CREDIT(S)

Added by Laws 1989, H.B.1115, § 1.

Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121

C.R.S.A. § 18-4-506.5

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 4. Offenses Against Property (Refs & Annos)

Part 5. Trespass, Tampering, and Criminal Mischief (Refs & Annos)

§ 18-4-506.5. Tampering with a utility meter--penalty

(1) Any person who connects any pipe, tube, stopcock, wire, cord, socket, motor, or other instrument or contrivance with any main, service pipe, or other medium conducting or supplying gas, water, or electricity to any building without the knowledge and consent of the person supplying such gas, water, or electricity commits a class 2 misdemeanor.

(2) Any person who in any manner alters, obstructs, or interferes with the action of any meter provided for measuring or registering the quantity of gas, water, or electricity passing through said meter without the knowledge and consent of the person owning said meter commits a class 2 misdemeanor.

(3) Nothing in this section shall be construed to apply to any licensed electrical or plumbing contractor while performing usual and ordinary services in accordance with recognized customs and standards.

CREDIT(S)

Added by Laws 1980, H.B.1131, § 1.

Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121

C.R.S.A. § 18-4-507

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 4. Offenses Against Property (Refs & Annos)

Part 5. Trespass, Tampering, and Criminal Mischief (Refs & Annos)

§ 18-4-507. Defacing or destruction of written instruments

Every person who defaces or destroys any written instrument evidencing a property right, whether vested or contingent, with the intent to defraud commits a class 1 misdemeanor.

Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121

C.R.S.A. § 18-4-508

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 4. Offenses Against Property (Refs & Annos)

Part 5. Trespass, Tampering, and Criminal Mischief (Refs & Annos)

§ 18-4-508. Defacing, destroying, or removing landmarks, monuments, or accessories

(1) Any person who knowingly cuts, fells, alters, or removes any certain boundary tree knowing such is a boundary tree, monument, or other allowed landmark, to the damage of any person, or any person who intentionally defaces, removes, pulls down, injures, or destroys any location stake, side post, corner post, landmark, or monument, or any other legal land boundary monument in this state, designating or intending to designate the location, boundary, or name of any mining claim, lode, or vein of mineral, or the name of the discoverer or date of discovery thereof, commits a class 2 misdemeanor.

(2) Any person who knowingly removes or knowingly causes to be removed any public land survey monument, as defined by section 38-53-103(18), C.R.S., or control corner, as defined in section 38-53-103(6), C.R.S., or a restoration of any such monument or who knowingly removes or knowingly causes to be removed any bearing tree knowing such is a bearing tree or other accessory, as defined by section 38-53-103(1), C.R.S., even if said person has title to the land on which said monument or accessory is located, commits a class 2 misdemeanor unless, prior to such removal, said person has caused a Colorado professional land surveyor to establish at least two witness corners or reference marks for each such monument or accessory removed and has filed or caused to be filed a monument record pursuant to article 53 of title 38, C.R.S.

CREDIT(S)

Amended by Laws 1977, H.B.1654, § 28; Laws 1979, H.B.1522, § 4; Laws 1984, H.B.1329, § 16; Laws 1994, S.B.94-26, § 37, eff. July 1, 1994.

Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121

C.R.S.A. § 18-4-509

Effective: August 10, 2011

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 4. Offenses Against Property (Refs & Annos)

Part 5. Trespass, Tampering, and Criminal Mischief (Refs & Annos)

§ 18-4-509. Defacing property--definitions

(1)(a) Any person who destroys, defaces, removes, or damages any historical monument commits the crime of defacing property.

(b) Any person who defaces or causes, aids in, or permits the defacing of public or private property without the consent of the owner by any method of defacement, including but not limited to painting, drawing, writing, or otherwise marring the surface of the property by use of paint, spray paint, ink, or any other substance or object, commits the crime of defacing property.

(c)(I) Any person who, with regard to a cave that is public property or the property of another, knowingly performs any of the following acts without the consent of the owner commits the crime of defacing property:

(A) Breaking or damaging any lock, fastening, door, or structure designed to enclose or protect any such cave;

(B) Defacing, damaging, or breaking from any part of such cave any cave resource; or

(C) Removing from such cave any cave resource.

(II) For purposes of this section:

(A) “Cave” means any naturally occurring void, cavity, recess, lava tube, or system of interconnected passages that occurs beneath the surface of the earth or within a cliff or ledge, including any cave resource therein, but not including any mine, tunnel, aqueduct, or other artificial excavation, and that is large enough to permit an individual to enter, regardless of whether the entrance is naturally formed or has been artificially created or enlarged. “Cave” includes any natural pit, sinkhole, or other feature that is an extension of the entrance.

(B) “Cave resource” includes any material or substance occurring naturally in caves, such as animal life, plant life, paleontological deposits, sediments, minerals, speleogens, and speleothems.

(B.5) “Juvenile” shall have the same meaning as set forth in section 19-1-103(68), C.R.S.

(C) “Speleogen” means relief features on the walls, ceiling, or floor of any cave that are part of the surrounding rock, including, but not limited to, anastomoses, scallops, meander niches, petromorphs, and rock pendants in solution caves and similar features unique to volcanic caves.

(D) “Speleothem” means any natural mineral formation or deposit occurring in a cave, including, but not limited to, any stalactite, stalagmite, helictite, cave flower, flowstone, concretion, drapery, rimstone, or formation of clay or mud.

(2)(a)(I) Defacing property is a class 2 misdemeanor; except that:

(A) A second or subsequent conviction for the offense of defacing property is a class 1 misdemeanor and the court shall impose a mandatory minimum fine of seven hundred fifty dollars upon conviction; and

(B) If a person violates paragraph (b) of subsection (1) of this section twice or more within a period of six months, the damages caused by two or more of the violations may be aggregated and charged in a single count, in which event the violations so aggregated and charged shall constitute a single offense, and, if the aggregate damages are five hundred dollars or more, it is a class 1 misdemeanor and the court shall impose a mandatory minimum fine of seven hundred fifty dollars upon conviction.

(II) In sentencing a person who violates this section, the court has discretion to impose alternatives in sentencing as described in part 1 of article 1.3 of this title, including but not limited to restorative justice practices, as defined in section 18-1-901(3)(o.5), or in the case of a juvenile offender, to impose restorative justice, as defined in section 19-1-103(94.1), C.R.S.

(III) The court may suspend all or part of the mandatory minimum fine associated with a conviction under this section upon the offender's successful completion of any sentence alternative imposed by the court pursuant to subparagraph (II) of this paragraph (a).

(IV) Fifty percent of the fines collected pursuant to this paragraph (a) shall be credited to the highway users tax fund, created in section 43-4-201, C.R.S., and allocated and expended as specified in section 43-4-205(5.5)(a), C.R.S., and fifty percent of the fines collected pursuant to this paragraph (a) shall be credited to the juvenile diversion cash fund created in section 19-2-303.5, C.R.S.; except that the fines collected pursuant to paragraph (c) of subsection (1) of this section shall be credited to the Colorado travel and tourism promotion fund created in section 24-49.7-106, C.R.S.

(b) Any person convicted of defacing property pursuant to paragraph (b) or (c) of subsection (1) of this section shall be ordered by the court to personally make repairs to any property damaged, or properties similarly damaged, if possible. If the property cannot be repaired, the court shall order a person convicted of defacing property to replace or compensate the owner for the damaged property but may, in the case of a violation of paragraph (b) of subsection (1) of this section, limit such compensation to two thousand five hundred dollars.

(c) Repealed by Laws 2009, Ch. 347, § 2, eff. Aug. 5, 2009.

CREDIT(S)

Amended by Laws 1989, H.B.1335, § 10; Laws 1993, H.B.93-1088, § 20, eff. July 1, 1993; Laws 1994, S.B.94-89, § 2, eff. July 1, 1994; Laws 1997, H.B.97-1125, § 2, eff. July 1, 1997; Laws 2003, Ch. 298, § 1, eff. July 1, 2003; Laws 2004, Ch. 21, §§ 1, 2, eff. Aug. 4, 2004; Laws 2005, Ch. 36, § 3, eff. April 5, 2005; Laws 2009, Ch. 347, § 2, eff. Aug. 5, 2009; Laws 2011, Ch. 254, §§ 1, 3, eff. Aug. 10, 2011.

Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121

C.R.S.A. § 18-4-510

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 4. Offenses Against Property (Refs & Annos)

Part 5. Trespass, Tampering, and Criminal Mischief (Refs & Annos)

§ 18-4-510. Defacing posted notice

Any person who knowingly mars, destroys, or removes any posted notice authorized by law commits a class 1 petty offense.

CREDIT(S)

Amended by Laws 1977, H.B.1654, § 29.

Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121

C.R.S.A. § 18-4-511

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 4. Offenses Against Property (Refs & Annos)

Part 5. Trespass, Tampering, and Criminal Mischief (Refs & Annos)

§ 18-4-511. Littering of public or private property

(1) Any person who deposits, throws, or leaves any litter on any public or private property or in any waters commits littering.

(2) It shall be an affirmative defense that:

(a) Such property is an area designated by law for the disposal of such material and the person is authorized by the proper public authority to so use the property; or

(b) The litter is placed in a receptacle or container installed on such property for that purpose; or

(c) Such person is the owner or tenant in lawful possession of such property, or he has first obtained written consent of the owner or tenant in lawful possession, or the act is done under the personal direction of said owner or tenant.

(3)(a) The term “litter” as used in this section means all rubbish, waste material, refuse, garbage, trash, debris, or other foreign substances, solid or liquid, of every form, size, kind, and description.

(b) The phrase “public or private property” as used in this section includes, but is not limited to, the right-of-way of any road or highway, any body of water or watercourse, including frozen areas or the shores or beaches thereof, any park, playground, or building, any refuge, conservation, or recreation area, and any residential, farm, or ranch properties or timberlands.

(4) Except as otherwise provided in sections 33-15-108(2) and 42-4-1406, C.R.S., littering is a class 2 petty offense punishable, upon conviction, by a mandatory fine of not less than twenty dollars nor more than five hundred dollars upon a first conviction, by a mandatory fine of not less than fifty dollars nor more than one thousand dollars upon a second conviction, and by a mandatory fine of not less than one hundred dollars nor more than one thousand dollars upon a third or subsequent conviction.

(5) It is in the discretion of the court, upon the conviction of any person and the imposition of a fine under this section, to suspend any or all of the fine in excess of the mandatory minimum fine upon the condition that the convicted person gather and remove from specified public property or specified private property, with prior permission of the owner or tenant in lawful possession thereof, any litter found thereon, or upon the condition that the convicted person pick up litter at a time prescribed by and a place within the jurisdiction of the court for not less than eight hours upon a first conviction or for not less than sixteen hours upon a second or subsequent conviction.

(6) Whenever litter is thrown, deposited, dropped, or dumped from any motor vehicle in violation of this section, the operator of said motor vehicle is presumed to have caused or permitted the litter to be so thrown, deposited, dropped, or dumped therefrom.

(7) In addition to those law enforcement officers and agencies of this state and the political subdivisions thereof authorized to enforce this section, the officers of the Colorado state patrol and the district wildlife managers and other commissioned officers of the division of parks and wildlife are expressly authorized, empowered, and directed to enforce the provisions of this section.

CREDIT(S)

Amended by Laws 1977, H.B.1560, § 2; Laws 1979, H.B.1235, § 2; Laws 1981, S.B.418, § 18; Laws 1985, S.B.27, §§ 1, 2; Laws 2002, 3rd Ex.Sess., Ch. 7, § 3, eff. July 18, 2002.

Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121

C.R.S.A. § 18-4-512

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 4. Offenses Against Property (Refs & Annos)

Part 5. Trespass, Tampering, and Criminal Mischief (Refs & Annos)

§ 18-4-512. Abandonment of a motor vehicle

(1) Any person who abandons any motor vehicle upon a street, highway, right-of-way, or any other public property, or upon any private property without the express consent of the owner or person in lawful charge of that private property commits abandonment of a motor vehicle.

(2) To “abandon” means to leave a thing with the intention not to retain possession of or assert ownership over it. The intent need not coincide with the act of leaving.

(3) It is prima facie evidence of the necessary intent that:

(a) The motor vehicle has been left for more than seven days unattended and unmoved; or

(b) License plates or other identifying marks have been removed from the motor vehicle; or

(c) The motor vehicle has been damaged or is deteriorated so extensively that it has value only for junk or salvage; or

(d) The owner has been notified by a law enforcement agency to remove the motor vehicle, and it has not been removed within three days after notification.

(4) Abandonment of a motor vehicle is a class 3 misdemeanor.

Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121

C.R.S.A. § 18-4-513

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 4. Offenses Against Property (Refs & Annos)

Part 5. Trespass, Tampering, and Criminal Mischief (Refs & Annos)

§ 18-4-513. Criminal use of a noxious substance

(1) Any person who deposits on the land or in the building or vehicle of another, without his consent, any stink bomb or device, irritant, or offensive-smelling substance with the intent to interfere with another's use or enjoyment of the land, building, or vehicle commits a class 3 misdemeanor.

(2) It shall be an affirmative defense that a peace officer in the performance of his duties reasonably used a noxious substance.

Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121

C.R.S.A. § 18-4-514

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 4. Offenses Against Property (Refs & Annos)

Part 5. Trespass, Tampering, and Criminal Mischief (Refs & Annos)

§ 18-4-514. Use of photographs, video tapes, or films of property

Pursuant to section 13-25-130, C.R.S., photographs, video tapes, or films of property over which a person is alleged to have exerted unauthorized control or otherwise to have obtained unlawfully are competent evidence if the photographs, video tapes, or films are admissible into evidence under the rules of law governing the admissibility of photographs, video tapes, or films into evidence.

CREDIT(S)

Added by Laws 1985, H.B.1303, § 4.

Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121