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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Criminal Code
Chapter : CRIMINAL DAMAGE TO PROPERTY
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13-1601 Definitions
In this chapter, unless the context otherwise requires:
1. "Damaging" means "damage" as defined in section 13-1701.
2. "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 upon any structure, without permission from the owner.
3. "Litter" includes any rubbish, refuse, waste material, offal, paper, glass,
cans, bottles, organic or inorganic trash, debris, filthy or odoriferous objects, dead
animals, or any foreign substance of whatever kind or description, including junked or
abandoned vehicles, whether or not any of these items are of value.
4. "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.
5. "Tamper" means any act of interference.
6. "Utility" means any enterprise, public or private, which provides gas, electric,
steam, water, sewer or communications services, as well as any common carrier on land,
rail, sea or air.
13-1602 Criminal damage; classification
A. A person commits criminal damage by recklessly:
1. Defacing or damaging property of another person; or
2. Tampering with property of another person so as substantially to impair its
function or value; or
3. Tampering with the property of a utility.
4. Parking any vehicle in such a manner as to deprive livestock of access to the
only reasonably available water.
5. Drawing or inscribing a message, slogan, sign or symbol that is made on any
public or private building, structure or surface, except the ground, and that is made
without permission of the owner.
B. Criminal damage is punished as follows:
1. Criminal damage is a class 4 felony if the person recklessly damages property of
another in an amount of ten thousand dollars or more, or if the person recklessly causes
impairment of the functioning of any utility.
2. Criminal damage is a class 5 felony if the person recklessly damages property of
another in an amount of two thousand dollars or more but less than ten thousand dollars.
3. Criminal damage is a class 6 felony if the person recklessly damages property of
another in an amount of more than two hundred fifty dollars but less than two thousand
dollars.
4. In all other cases criminal damage is a class 2 misdemeanor.
13-1603 Criminal littering or polluting; classification
A. A person commits criminal littering or polluting if such person without lawful
authority does any of the following:
1. Throws, places, drops or permits to be dropped on public property or property of
another which is not a lawful dump any litter, destructive or injurious material which he
does not immediately remove.
2. Discharges or permits to be discharged any sewage, oil products or other harmful
substances into any waters or onto any shorelines within the state.
3. Dumps any earth, soil, stones, ores or minerals on any land.
B. Criminal littering or polluting is punished as follows:
1. A class 6 felony if a knowing violation of subsection A in which the amount of
litter or other prohibited material or substance exceeds three hundred pounds in weight
or one hundred cubic feet in volume or is done in any quantity for a commercial purpose.
2. A class 1 misdemeanor if the act is not punishable under paragraph 1 of this
subsection and involves placing any destructive or injurious material on or within fifty
feet of a highway, beach or shoreline of any body of water used by the public.
3. A class 2 misdemeanor if not punishable under paragraph 1 or 2 of this
subsection.
13-1604 Aggravated criminal damage; classification
A. A person commits aggravated criminal damage by intentionally or recklessly
without the express permission of the owner:
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.
B. Aggravated criminal damage is punishable as follows:
1. Aggravated criminal damage is a class 4 felony if the person intentionally or
recklessly does any act described in subsection A which causes damage to the property of
another in an amount of ten thousand dollars or more.
2. Aggravated criminal damage is a class 5 felony 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.
3. In all other cases aggravated criminal damage is a class 6 felony.
C. In determining the amount of damage to property, damages include the cost of
repair or replacement of the property that was damaged.
13-1605 Aggregation of amounts of damage
Amounts of damage caused pursuant to one scheme or course of conduct, whether to
property of one or more persons, may be aggregated in the indictment or information at
the discretion of this state in determining the classification of an offense in violation
of this chapter.
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