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Criminal property damage in the third degree
Fraud & financial crimes · Chapter 708 — Offenses Against Property Rights · Part III. Criminal Damage to Property
(1) A person commits the offense of criminal property damage in the third degree if by means other than fire:
(a) The person recklessly damages the property of another, without the other's consent, by the use of widely dangerous means;
(b) The person intentionally or knowingly damages the property of another, without the other's consent, in an amount exceeding $500; or
(c) The person intentionally 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 $100. 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 third degree is a misdemeanor; provided that any person convicted of violating subsection (1)(c) shall be sentenced to a term of imprisonment of not less than ninety days, without possibility of probation or suspension of sentence. [L 1972, c 9, pt of §1; am L 1973, c 136, §7(c); am L 1986, c 314, §62; gen ch 1993; am L 1996, c 170, §3; am L 2006, c 156, §5, c 181, §5, and c 230, §35; am L 2007, c 98, §3; am L 2025, c 235, §42]
Pattern jury instructions (HAWJIC)
Elements the State must prove for this offense.
- HAWJIC 10.08CRIMINAL PROPERTY DAMAGE IN THE THIRD DEGREE – WIDELY DANGEROUS MEANS
- HAWJIC 10.08ACRIMINAL PROPERTY DAMAGE IN THE THIRD DEGREE – WIDELY DANGEROUS MEANS
- HAWJIC 10.09CRIMINAL PROPERTY DAMAGE IN THE THIRD DEGREE
- HAWJIC 10.09ACRIMINAL PROPERTY DAMAGE IN THE THIRD DEGREE
- HAWJIC 10.05ACRIMINAL PROPERTY DAMAGE IN THE FIRST DEGREE – DAMAGE EXCEEDS $20,000ref
- HAWJIC 10.05CCRIMINAL PROPERTY DAMAGE IN THE FIRST DEGREE – DAMAGE EXCEEDS $20,000ref
- HAWJIC 10.07CRIMINAL PROPERTY DAMAGE IN THE SECOND DEGREEref
- HAWJIC 10.07ACRIMINAL PROPERTY DAMAGE IN THE SECOND DEGREEref
- HAWJIC 10.54AARSON IN THE FIRST DEGREE – DAMAGE EXCEEDS $20,000ref
- HAWJIC 10.55AARSON IN THE SECOND DEGREE – DAMAGE EXCEEDS $1,500ref
- HAWJIC 10.56AARSON IN THE THIRD DEGREE – DAMAGE EXCEEDS $500ref