708-823.5 Aggravated criminal property damage. (1) A person commits the offense of aggravated criminal property damage if the person by means other than fire:

(a) Intentionally damages the property of another without the other's consent; and

(b) Has been convicted two or more times of an offense under section 708-822 or 708-823.

(2) For purposes of this section, "convicted two or more times" means that, at the time of the instant offense, the person had previously entered a plea of guilty or no contest or a judge or jury had previously returned a verdict of guilty against the person for two or more offenses committed on separate occasions.

(3) Aggravated criminal property damage is a misdemeanor. [L 2005, c 187, 1; am L 2006, c 181, 7; am L 2007, c 196, 2]

 

COMMENTARY ON 708-823.5

 

Act 187, Session Laws 2005, established the misdemeanor offense of aggravated criminal property damage which applies to a person who intentionally damages the property of another without the other's consent and has two or more convictions for criminal property damage in the third or fourth degree in the preceding five years. Act 187 was designed to address the problem of graffiti in the community. Conference Committee Report No. 67, Senate Standing Committee Report No. 1362.

Act 181, Session Laws 2006, amended this section by excluding property damage caused by means of fire. Act 181 included arson as a new class of property damage and defined four degrees of the offense of arson with appropriate sanctions. The legislature found that fires that are intentionally set cause extensive damage to public and private properties and threaten lives. Conference Committee Report No. 50-06.

Act 196, Session Laws 2007, amended subsection (1) by deleting the five-year look-back period. Conference Committee Report No. 34.

 

 

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