Arizona Laws 13-1604. Aggravated criminal damage; classification
A. A person commits aggravated criminal damage by intentionally or recklessly without the express permission of the owner:
Attorney's Note
Under the Arizona Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 4 felony | up to 3 years | up to $150,000 |
| Class 5 felony | up to 2 years | up to $150,000 |
| Class 6 felony | up to 1 1/2 years | up to $150,000 |
Terms Used In Arizona Laws 13-1604
- Act: means a bodily movement. See Arizona Laws 13-105
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Damaging: means damage as defined in section 13-1701. See Arizona Laws 13-1601
- Defacing: means any unnecessary act of substantially marring any surface or place, by any means, or any act of putting up, affixing, fastening, printing or painting any notice on any structure, without permission from the owner. See Arizona Laws 13-1601
- Felony: means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Property: means anything of value, tangible or intangible. See Arizona Laws 13-105
- Property of another: means property in which any person other than the defendant has an interest, including community property and other property in which the defendant also has an interest and, for damage caused by theft of scrap metal, the property of other persons damaged directly or indirectly as a result of the acts of the defendant. See Arizona Laws 13-1601
- Recklessly: means , with respect to a result or to a circumstance described by a statute defining an offense, that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. See Arizona Laws 13-105
- Utility: means any enterprise, public or private, that provides gas, electric, irrigation, steam, water, water conservation, sewer or communications services, as well as any common carrier on land, rail, sea or air. See Arizona Laws 13-1601
1. Defacing, damaging or in any way changing the appearance of any building, structure, personal property or place used for worship or any religious purpose.
2. Defacing or damaging any building, structure or place used as a school or as an educational facility.
3. Defacing, damaging or tampering with any cemetery, mortuary or personal property of the cemetery or mortuary or other facility used for the purpose of burial or memorializing the dead.
4. Defacing, damaging or tampering with any utility or agricultural infrastructure or property, construction site or existing structure for the purpose of obtaining nonferrous metals.
B. Aggravated criminal damage is punishable as follows:
1. If the person intentionally or recklessly does any act described in subsection A of this section that causes damage to the property of another in an amount of ten thousand dollars or more, aggravated criminal damage:
(a) Resulting from actions described in subsection A, paragraph 1, 2 or 3 of this section is a class 4 felony.
(b) Resulting from actions described in subsection A, paragraph 4 of this section is a class 3 felony.
2. If the person intentionally or recklessly damages property of another in an amount of one thousand five hundred dollars or more but less than ten thousand dollars, aggravated criminal damage:
(a) Resulting from actions described in subsection A, paragraph 1, 2 or 3 of this section is a class 5 felony.
(b) Resulting from actions described in subsection A, paragraph 4 of this section is a class 4 felony.
3. In all other cases aggravated criminal damage is:
(a) A class 6 felony if it results from actions described in subsection A, paragraph 1, 2 or 3 of this section.
(b) A class 5 felony if it results from actions described in subsection A, paragraph 4 of this section.
C. In determining the amount of damage to property, damages include the cost of repair or replacement of the property that was damaged, the cost of the loss of crops and livestock, reasonable labor costs of any kind, reasonable material costs of any kind and any reasonable costs that are attributed to equipment that is used to abate or repair the damage to the property.