Criminal mischief; penalties
Sec. 2. (a) A person who:
(1) recklessly, knowingly, or intentionally damages or defaces
property of another person without the other person's consent;
or
(2) knowingly or intentionally causes another to suffer
pecuniary loss by deception or by an expression of intention to
injure another person or to damage the property or to impair the
rights of another person;
commits criminal mischief, a Class B misdemeanor. However, the
offense is:
(A) a Class A misdemeanor if:
(i) the pecuniary loss is at least two hundred fifty dollars
($250) but less than two thousand five hundred dollars
($2,500);
(ii) the property damaged was a moving motor vehicle;
(iii) the property damaged or defaced was a copy of the
sex and violent offender directory (IC 5-2-6-3) and the
person is not a sex offender or was not required to register
as a sex offender;
(iv) the property damaged was a locomotive, a railroad car,
a train, or equipment of a railroad company being operated
on a railroad right-of-way;
(v) the property damaged was a part of any railroad signal
system, train control system, centralized dispatching
system, or highway railroad grade crossing warning signal
on a railroad right-of-way owned, leased, or operated by a
railroad company;
(vi) the property damaged was any rail, switch, roadbed,
viaduct, bridge, trestle, culvert, or embankment on a
right-of-way owned, leased, or operated by a railroad
company; or
(vii) the property damage or defacement was caused by
paint or other markings; and
(B) a Class D felony if:
(i) the pecuniary loss is at least two thousand five hundred
dollars ($2,500);
(ii) the damage causes a substantial interruption or
impairment of utility service rendered to the public;
(iii) the damage is to a public record;
(iv) the property damaged or defaced was a copy of the sex
and violent offender directory (IC 5-2-6-3) and the person
is a sex offender or was required to register as a sex
offender;
(v) the damage causes substantial interruption or
impairment of work conducted in a scientific research
facility;
(vi) the damage is to a law enforcement animal (as defined
in IC 35-46-3-4.5); or
(vii) the damage causes substantial interruption or
impairment of work conducted in a food processing
facility.
(b) A person who recklessly, knowingly, or intentionally damages:
(1) a structure used for religious worship;
(2) a school or community center;
(3) the grounds:
(A) adjacent to; and
(B) owned or rented in common with;
a structure or facility identified in subdivision (1) or (2); or
(4) personal property contained in a structure or located at a
facility identified in subdivision (1) or (2);
without the consent of the owner, possessor, or occupant of the
property that is damaged, commits institutional criminal mischief, a
Class A misdemeanor. However, the offense is a Class D felony if
the pecuniary loss is at least two hundred fifty dollars ($250) but less
than two thousand five hundred dollars ($2,500), and a Class C
felony if the pecuniary loss is at least two thousand five hundred
dollars ($2,500).
(c) If a person is convicted of an offense under this section that
involves the use of graffiti, the court may, in addition to any other
penalty, order that the person's operator's license be suspended or
invalidated by the bureau of motor vehicles for not more than one (1)
year.
(d) The court may rescind an order for suspension or invalidation
under subsection (c) and allow the person to receive a license or
permit before the period of suspension or invalidation ends if the
court determines that:
(1) the person has removed or painted over the graffiti or has
made other suitable restitution; and
(2) the person who owns the property damaged or defaced by
the criminal mischief or institutional criminal mischief is
satisfied with the removal, painting, or other restitution
performed by the person.
As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977,
P.L.340, SEC.41; P.L.326-1983, SEC.1; P.L.319-1985, SEC.1;
P.L.151-1989, SEC.11; P.L.180-1991, SEC.6; P.L.94-1996, SEC.5;
P.L.213-1997, SEC.1; P.L.100-1999, SEC.2; P.L.108-2002, SEC.1;
P.L.116-2002, SEC.24; P.L.123-2002, SEC.37; P.L.1-2003, SEC.95.
Last modified: May 24, 2006