(6)4.1.2 Malicious Mischief in the Second Degree: Difference between revisions

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Created page with "A person is guilty of <b>Malicious Mischief in the Third Degree</b> under this subsection if he or she willfully: (a) damages, defaces, or destroys the property of another; and (b) does so without the consent of the owner or lawful possessor; and (c) the damage is exceeding fife-thousand dollars ($5,000) in value, or comparable non-monetary harm. (d) For purposes of this subsection, “destructi..."
 
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A [[(6)1_Definitions#(6)1.1_Person|person]] is guilty of <b>Malicious Mischief in the Third Degree</b> under this subsection if he or she [[(6)1_Definitions#(6)1.2_Willfully|willfully]]:
A [[(6)1_Definitions#(6)1.1_Person|person]] is guilty of <b>Malicious Mischief in the Second Degree</b> under this subsection if he or she [[(6)1_Definitions#(6)1.2_Willfully|willfully]]:


(a) damages, defaces, or destroys the property of another; and
(a) damages, defaces, or destroys the property of another; and
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* causes damage requiring repair or replacement, including but not limited to breaking, scratching, defacing, tampering, or removing parts of the property.
* causes damage requiring repair or replacement, including but not limited to breaking, scratching, defacing, tampering, or removing parts of the property.


Malicious Mischief in the Third Degree is a <b>Class D Felony</b>.
Malicious Mischief in the Second Degree is a <b>Class D Felony</b>.

Latest revision as of 00:20, 19 December 2025

A person is guilty of Malicious Mischief in the Second Degree under this subsection if he or she willfully:

(a) damages, defaces, or destroys the property of another; and

(b) does so without the consent of the owner or lawful possessor; and

(c) the damage is exceeding fife-thousand dollars ($5,000) in value, or comparable non-monetary harm.

(d) For purposes of this subsection, “destruction” means any act that:

  • physically alters the property in a manner that diminishes its value, usefulness, or appearance; or
  • renders the property temporarily or permanently unusable; or
  • interferes with the normal function, operation, or access to the property; or
  • causes damage requiring repair or replacement, including but not limited to breaking, scratching, defacing, tampering, or removing parts of the property.

Malicious Mischief in the Second Degree is a Class D Felony.