(6)4.1.2 Malicious Mischief in the Second Degree

A person is guilty of Malicious Mischief in the Third 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 Third Degree is a Class D Felony.