Kentucky Statutes 512.040 – Criminal mischief in the third degree
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(1) A person is guilty of criminal mischief in the third degree when:
(a) Having no right to do so or any reasonable ground to believe that he or she has such right, he or she intentionally or wantonly defaces, destroys, or damages any property causing pecuniary loss of less than five hundred dollars ($500);
For details, see § 532.090
(b) He or she tampers with property so as knowingly to endanger the person or property of another; or
(c) He or she as a tenant, and having no right to do so or any reasonable grounds to believe that he or she has such right, intentionally or wantonly defaces, destroys, or damages residential rental property causing pecuniary loss of less than five hundred dollars ($500).
(2) Criminal mischief in the third degree is a Class B misdemeanor, unless the offense occurs during a declared emergency as defined by KRS § 39A.020 arising from a natural or man-made disaster, within the area covered by the emergency declaration, and within the area impacted by the disaster, in which case it is a Class A misdemeanor.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 151, sec. 11, effective July 14, 2022. — Amended
2021 Ky. Acts ch. 164, sec. 4, effective June 29, 2021. — Amended 1976 Ky. Acts ch. 183, sec. 4, effective June 19, 1976. — Created 1974 Ky. Acts ch. 406, sec. 108, effective January 1, 1975.
(a) Having no right to do so or any reasonable ground to believe that he or she has such right, he or she intentionally or wantonly defaces, destroys, or damages any property causing pecuniary loss of less than five hundred dollars ($500);
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 12 months | up to $500 |
| Class B misdemeanor | up to 90 days | up to $250 |
Terms Used In Kentucky Statutes 512.040
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Property: includes livestock as defined in KRS §. See Kentucky Statutes 512.010
- Residential rental property: means any residential premises or property contained therein leased or otherwise rented to a tenant solely for residential purposes under a lease or rental agreement to which the tenant is a party. See Kentucky Statutes 512.010
- Tenant: means a person entitled under a lease or rental agreement to occupy a residential rental property to the exclusion of others. See Kentucky Statutes 512.010
(b) He or she tampers with property so as knowingly to endanger the person or property of another; or
(c) He or she as a tenant, and having no right to do so or any reasonable grounds to believe that he or she has such right, intentionally or wantonly defaces, destroys, or damages residential rental property causing pecuniary loss of less than five hundred dollars ($500).
(2) Criminal mischief in the third degree is a Class B misdemeanor, unless the offense occurs during a declared emergency as defined by KRS § 39A.020 arising from a natural or man-made disaster, within the area covered by the emergency declaration, and within the area impacted by the disaster, in which case it is a Class A misdemeanor.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 151, sec. 11, effective July 14, 2022. — Amended
2021 Ky. Acts ch. 164, sec. 4, effective June 29, 2021. — Amended 1976 Ky. Acts ch. 183, sec. 4, effective June 19, 1976. — Created 1974 Ky. Acts ch. 406, sec. 108, effective January 1, 1975.