§ 5-38-204 — Criminal mischief in the second degree

(a) A person commits criminal mischief in the second degree if the person: (1) Recklessly destroys or damages any property of another person; or (2) Purposely tampers with any property of another person and by the tampering causes substantial inconvenience to the owner or another person. (b) Criminal mischief in the second degree is a: (1) Class A misdemeanor if the amount of actual damage is one thousand dollars ($1,000) or more but less than five thousand dollars ($5,000); (2) Class D felony if the amount of actual damage is five thousand dollars ($5,000) or more; or (3) Class B misdemeanor if otherwise committed. (c) 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 . (d) 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,§ 5, eff. 7/28/2021. Amended by Act 2013, No. 1354,§ 6, eff. 8/16/2013. Acts 1975, No. 280, § 1907; A.S.A. 1947, § 41-1907; Acts 1989, No. 735, § 1; 2011, No. 570, § 30.