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Code · Kentucky · Chapter 512 — Criminal damage to property

512.020 Criminal mischief in the first degree.

381 words·~2 min read·/ky/chapter-512/512-020

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

(1)A person is guilty of criminal mischief in the first degree when, having no right to
do so or any reasonable ground to believe that he or she has such right, he or she
intentionally or wantonly:
(a)Defaces, destroys, or damages any property causing pecuniary loss of five
hundred dollars ($500) or more;
(b)Damages, possesses, or tampers with the operations of a key infrastructure
asset, as defined in KRS 511.100, in a manner that renders the asset
inoperable, in whole or in part, or renders the operation of the asset harmful or
dangerous;
(c)As a tenant, intentionally or wantonly defaces, destroys, or damages
residential rental property causing pecuniary loss of five hundred dollars
($500) or more; or
(d)As a squatter, intentionally or wantonly defaces, destroys, or damages real
property causing pecuniary loss of five hundred dollars ($500) or more.
(2)Criminal mischief in the first degree is a Class D felony, unless:
(a)The offense occurs during a declared emergency as defined by KRS 39A.020
arising from a natural or man-made disaster, within the area covered by the
emergency declaration, and within the area impacted by the disaster, in which
case it is a Class C felony;
(b)For the first offense, if the defendant at any time prior to trial effects repair or
replacement of the defaced, destroyed, or damaged property, makes complete
restitution in the amount of the damage, or performs community service as
required by the court, in which case it is a Class B misdemeanor. The court
shall determine the number of hours of community service commensurate
with the total amount of monetary damage caused by or incidental to the
commission of the crime, of not less than sixty
(60)hours; or
(c)For the second or subsequent offense, if the defendant at any time prior to trial
effects repair or replacement of the defaced, destroyed, or damaged property,
makes complete restitution in the amount of the damage, or performs
community service as required by the court, in which case it is a Class A
misdemeanor. The court shall determine the number of hours of community
service commensurate with the total amount of monetary damage caused by
or incidental to the commission of the crime, of not less than sixty
(60)hours.
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