Damaging insured property consists of intentionally damaging property which is insured with intent to defraud the insurance company into paying himself or another for such damage.
Whoever commits damaging insured property is guilty of a fourth degree felony.
History: 1953 Comp., § 40A-15-2, enacted by Laws 1963, ch. 303, § 15-2.
Evidence of insurance. — Evidence that balance of fee for carrying out scheme to apparently burglarize and vandalize and then burn business was to be paid when insurance company paid for the supposed theft and vandalism, that undercover officer hired to carry out the scheme was told to be sure the burglar alarm was on or the company would refuse coverage and that conspirators stated the business was insured, was substantial evidence that the property to be damaged was insured and that the purpose of the conspiracy was to damage insured property. State v. Ross, 1974-NMCA-028, 86 N.M. 212, 521 P.2d 1161.
Arson section not exclusive. — In conspiracy to damage business property by fire after making it appear to have been first burglarized and vandalized, where the conspiracy to burglarize and vandalize was directed to acts not covered by 30-17-5 NMSA 1978, the arson statute, that section did not act as a special provision prohibiting the prosecution of defendant under this section for the aspect of the conspiracy directed toward burglary and vandalism. State v. Ross, 1974-NMCA-028, 86 N.M. 212, 521 P.2d 1161.
Single penalty for conspiracy to damage. — Where defendant was charged with one count of conspiracy to commit felony arson, and one count under this section, since scheme to damage business property by fire after making it appear to have been first burglarized and vandalized involved only one conspiracy, only one penalty could be imposed. State v. Ross, 1974-NMCA-028, 86 N.M. 212, 521 P.2d 1161.
Am. Jur. 2d, A.L.R. and C.J.S. references. — What constitutes "vandalism" or "malicious mischief" within meaning of insurance policy specifically extending coverage to losses from such causes, 56 A.L.R.5th 407.
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