Cross References

Arson, see pt XIII.

Special sentencing considerations for arson; other actions not prohibited, see §706-606.2.

§708-820 Criminal property damage in the first degree. (1) A person commits the offense of criminal property damage in the first degree if by means other than fire:

(a) The person intentionally or knowingly damages property and thereby recklessly places another person in danger of death or bodily injury;

(b) The person intentionally or knowingly damages the property of another, without the other's consent, in an amount exceeding $20,000;

(c) The person intentionally or knowingly damages the property of another during an emergency period proclaimed by the governor or mayor pursuant to chapter 127A, within the area covered by the emergency or disaster; or

(d) The person intentionally or knowingly 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 $1,500. 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 first degree is a class B felony. [L 1972, c 9, pt of §1; gen ch 1993; am L 1996, c 170, §1; am L 2003, c 19, §1; am L 2006, c 116, §5, c 156, §3, and c 181, §3; am L 2007, c 98, §1; am L 2014, c 111, §19]

Case Notes

The risks involved in criminal property damage in the first degree present a serious potential risk of physical injury to another and that risk is similar to the risks involved in arson and burglary in the ordinary case; thus, defendant's prior conviction under subsection (1)(a) (1996) was a crime of violence as defined in §4B1.2(a)(2) of the federal Sentencing Guidelines. 724 F.3d 1133 (2013).