Effective - 28 Aug 2021, 3 histories
574.085. Institutional vandalism, offense of — violation, penalty. — 1. A person commits the offense of institutional vandalism if he or she knowingly vandalizes, defaces, or otherwise damages:
(1) Any church, synagogue or other building, structure or place used for religious worship or other religious purpose;
(2) Any cemetery, mortuary, military monument or other facility used for the purpose of burial or memorializing the dead;
(3) Any school, educational facility, community center, hospital or medical clinic owned and operated by a religious or sectarian group;
(4) The grounds adjacent to, and owned or rented by, any institution, facility, building, structure or place described in subdivision (1), (2), or (3) of this subsection;
(5) Any personal property contained in any institution, facility, building, structure or place described in subdivision (1), (2), or (3) of this subsection;
(6) Any motor vehicle which is owned, operated, leased or under contract by a school district or a private school for the transportation of school children; or
(7) Any public monument or structure on public property owned or operated by a public entity.
2. The offense of institutional vandalism is a class A misdemeanor, unless the value of the property damage is seven hundred fifty dollars or more, in which case the offense is a class E felony; or the value of the property damage is more than five thousand dollars, in which case the offense is a class D felony.
3. In determining the amount of damage to property, for purposes of this section, damage includes the cost of repair or, where necessary, replacement of the property that was damaged.
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(L. 1988 S.B. 678 § 1, A.L. 1996 H.B. 1086 merged with H.B. 1301 & 1298, A.L. 2014 S.B. 491, A.L. 2021 S.B. 26)
CROSS REFERENCE:
Civil action for damages or injunction, attorney's fees and costs may be awarded prevailing plaintiff, 537.523