Iowa Code 716.5 – Criminal mischief in the third degree
Current as of: 2024 | Check for updates
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Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Aggravated misdemeanor | up to 2 years | between $855 and $8,540 |
Terms Used In Iowa Code 716.5
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- property: includes personal and real property. See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
716.5 Criminal mischief in the third degree.
1. Criminal mischief is criminal mischief in the third degree if any of the following apply:
a. The cost of replacing, repairing, or restoring the property that is damaged, defaced, altered, or destroyed exceeds seven hundred fifty dollars, but does not exceed one thousand five hundred dollars.
b. The property is a deed, will, commercial paper or any civil or criminal process or other instrument having legal effect.
c. The act consists of rendering substantially less effective than before any light, signal, obstruction, barricade, or guard which has been placed or erected for the purpose of enclosing any unsafe or dangerous place or of alerting persons to an unsafe or dangerous condition.
d. The person intentionally disinters human remains from a burial site without lawful authority.
e. The person intentionally disinters human remains that have state and national significance from an historical or scientific standpoint for the inspiration and benefit of the United States without the permission of the state archaeologist.
f. The act is committed upon property that consists of a device that has the ability to process a payment card as defined in § 715A.10.
2. Criminal mischief in the third degree is an aggravated misdemeanor.
[C51, §2638, 2714, 2746; R60, §4265, 4356, 4396; C73, §3929, 4017, 4075; C97, §4865, 4945,
5043; C24, 27, 31, 35, 39, §13050, 13100, 13148; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §713.5,
714.21, 718.10; C79, 81, §716.5]
83 Acts, ch 99, §1; 92 Acts, ch 1060, §10; 2009 Acts, ch 41, §169; 2018 Acts, ch 1011, §2;
2019 Acts, ch 140, §20
Referred to in §523I.316, 716.6A, 717A.3, 911.5
1. Criminal mischief is criminal mischief in the third degree if any of the following apply:
a. The cost of replacing, repairing, or restoring the property that is damaged, defaced, altered, or destroyed exceeds seven hundred fifty dollars, but does not exceed one thousand five hundred dollars.
b. The property is a deed, will, commercial paper or any civil or criminal process or other instrument having legal effect.
c. The act consists of rendering substantially less effective than before any light, signal, obstruction, barricade, or guard which has been placed or erected for the purpose of enclosing any unsafe or dangerous place or of alerting persons to an unsafe or dangerous condition.
d. The person intentionally disinters human remains from a burial site without lawful authority.
e. The person intentionally disinters human remains that have state and national significance from an historical or scientific standpoint for the inspiration and benefit of the United States without the permission of the state archaeologist.
f. The act is committed upon property that consists of a device that has the ability to process a payment card as defined in § 715A.10.
2. Criminal mischief in the third degree is an aggravated misdemeanor.
[C51, §2638, 2714, 2746; R60, §4265, 4356, 4396; C73, §3929, 4017, 4075; C97, §4865, 4945,
5043; C24, 27, 31, 35, 39, §13050, 13100, 13148; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §713.5,
714.21, 718.10; C79, 81, §716.5]
83 Acts, ch 99, §1; 92 Acts, ch 1060, §10; 2009 Acts, ch 41, §169; 2018 Acts, ch 1011, §2;
2019 Acts, ch 140, §20
Referred to in §523I.316, 716.6A, 717A.3, 911.5