§ 5-38-203 — Criminal mischief in the first degree

(a) A person commits the offense of criminal mischief in the first degree if he or she purposely and without legal justification destroys or causes damage to any: (1) Property of another person; (2) Property, whether his or her own or the property of another person, for the purpose of collecting any insurance for the property; or (3) Critical infrastructure. (b) Criminal mischief in the first degree is a: (1) Class A misdemeanor if the amount of actual damage is one thousand dollars ($1,000) or less; (2) Class D felony if the amount of actual damage is more than one thousand dollars ($1,000) but five thousand dollars ($5,000) or less; (3) Class C felony if the amount of actual damage is more than five thousand dollars ($5,000) but less than twenty-five thousand dollars ($25,000); or (4) Class B felony if: (A) The amount of actual damage is twenty-five thousand dollars ($25,000) or more; or (B) The property is critical infrastructure. (c) In an action under this section involving cutting and removing timber from the property of another person: (1) The following create a presumption of a purpose to commit the offense of criminal mischief in the first degree: (A) The failure to obtain the survey as required by § 15-32-101 ; or (B) The purposeful misrepresentation of the ownership or origin of the timber; and (2) (A) There is imposed in addition to a penalty in subsection (b) of this section a fine of not more than two (2) times the value of the timber destroyed or damaged. (B) However, in addition to subdivision (c)(2)(A) of this section, the court may require the defendant to make restitution to the owner of the timber. (d) A person convicted of a felony offense under this section is subject to an enhanced sentence of an additional term of imprisonment of five (5) years at the discretion of the court if the finder of fact finds that the damage to property involved the removal of nonferrous metal, as it is defined in § 17-44-101 . (e) If the property destroyed or damaged under this section was a residential mailbox or other container that the defendant knew or reasonably should have known was used for the receipt or deposit of United States mail or if the property was damaged by painting or other permanent application of graffiti, the court shall include as part of the sentence: (1) An order of restitution for property damage or loss incurred as a result of the offense; and (2) An additional punishment of at least twenty-five (25) hours of community service.

Legislative History

Amended by Act 2021, No. 1014,§ 4, eff. 7/28/2021. Amended by Act 2021, No. 712,§ 2, eff. 7/28/2021. Amended by Act 2013, No. 1354,§ 5, eff. 8/16/2013. Acts 1975, No. 280, § 1906; 1977, No. 360, § 7; 1981, No. 544, § 2; 1981, No. 671, § 1; A.S.A. 1947, § 41-1906; Acts 1988 (3rd Ex. Sess.), No. 13, § 1; 1995, No. 1296, § 5; 1997, No. 448, § 1; 2005, No. 1994, § 443; 2011, No. 570, § 29.