Section 574.085

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 574

Effective - 01 Jan 2017, 3 histories, see footnote   (history) 

  574.085.  Institutional vandalism — 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; or

  (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.

  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)

Effective 1-01-17

CROSS REFERENCE:

Civil action for damages or injunction, attorney's fees and costs may be awarded prevailing plaintiff, 537.523