§708-822 Criminal property damage in the third degree.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)A person commits the offense of criminal property damage in the third degree if by means other than fire:

(a)The person recklessly damages the property of another, without the other's consent, by the use of widely dangerous means;

(b)The person intentionally or knowingly damages the property of another, without the other's consent, in an amount exceeding $500; or

(c)The person intentionally damages the agricultural equipment, supplies, or products or aquacultural equipment, supplies, or products of another, including trees, bushes, or any other plant and livestock of another, without the other's consent, in an amount exceeding $100. In calculating the amount of damages to agricultural products, the amount of damages includes future losses and the loss of future production.

(2)Criminal property damage in the third degree is a misdemeanor; provided that any person convicted of violating subsection (1)(c) shall be sentenced to a term of imprisonment of not less than ninety days, without possibility of probation or suspension of sentence. [L 1972, c 9, pt of §1; am L 1973, c 136, §7(c); am L 1986, c 314, §62; gen ch 1993; am L 1996, c 170, §3; am L 2006, c 156, §5, c 181, §5, and c 230, §35; am L 2007, c 98, §3; am L 2025, c 235, §42]

Case Notes

Offense is graded according to amount of damage done, not the value of the property damaged. 86 H. 165 (App.), 948 P.2d 586 (1997).