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; provided that any person convicted of violating subsection (1)(d) shall be sentenced to a term of imprisonment of not less than one hundred eighty days, without possibility of probation or suspension of sentence. [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; am L 2025, c 235, §40]