You are viewing an obsolete version of the DU website which is no longer supported by the Administrators. Visit The New DU.
Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

Reply #27: Texas Penal Code - Criminal Mischief [View All]

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Archives » General Discussion (Through 2005) Donate to DU
soup Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-16-05 12:36 PM
Response to Original message
27. Texas Penal Code - Criminal Mischief
Edited on Tue Aug-16-05 12:39 PM by soup
28.03. CRIMINAL MISCHIEF. (a) A person commits an
offense if, without the effective consent of the owner:
(1) he intentionally or knowingly damages or destroys
the tangible property of the owner;
(2) he intentionally or knowingly tampers with the
tangible property of the owner and causes pecuniary loss or
substantial inconvenience to the owner or a third person; or
(3) he intentionally or knowingly makes markings,
including inscriptions, slogans, drawings, or paintings, on the
tangible property of the owner.
(b) Except as provided by Subsections (f) and (h), an
offense under this section is:
(1) a Class C misdemeanor if:
(A) the amount of pecuniary loss is less than
$50; or
(B) except as provided in Subdivision (3)(A) or
(3)(B), it causes substantial inconvenience to others;
(2) a Class B misdemeanor if the amount of pecuniary
loss is $50 or more but less than $500;
(3) a Class A misdemeanor if:
(A) the amount of pecuniary loss is:
(i) $500 or more but less than $1,500; or
(ii) less than $1,500 and the actor causes
in whole or in part impairment or interruption of public
communications, public transportation, public gas or power supply,
or other public service, or causes to be diverted in whole, in part,
or in any manner, including installation or removal of any device
for any such purpose, any public communications or public gas or
power supply; or
(B) the actor causes in whole or in part
impairment or interruption of any public water supply, or causes to
be diverted in whole, in part, or in any manner, including
installation or removal of any device for any such purpose, any
public water supply, regardless of the amount of the pecuniary
loss;
(4) a state jail felony if the amount of pecuniary loss
is:
(A) $1,500 or more but less than $20,000;
(B) less than $1,500, if the property damaged or
destroyed is a habitation and if the damage or destruction is caused
by a firearm or explosive weapon; or
(C) less than $1,500, if the property was a fence
used for the production or containment of:
(i) cattle, bison, horses, sheep, swine,
goats, exotic livestock, or exotic poultry; or
(ii) game animals as that term is defined by
Section 63.001, Parks and Wildlife Code;
(5) a felony of the third degree if the amount of the
pecuniary loss is $20,000 or more but less than $100,000;
(6) a felony of the second degree if the amount of
pecuniary loss is $100,000 or more but less than $200,000; or
(7) a felony of the first degree if the amount of
pecuniary loss is $200,000 or more.
(c) For the purposes of this section, it shall be presumed
that a person who is receiving the economic benefit of public
communications, public water, gas, or power supply, has knowingly
tampered with the tangible property of the owner if the
communication or supply has been:
(1) diverted from passing through a metering device;
or
(2) prevented from being correctly registered by a
metering device; or
(3) activated by any device installed to obtain public
communications, public water, gas, or power supply without a
metering device.
(d) The terms "public communication, public transportation,
public gas or power supply, or other public service" and "public
water supply" shall mean, refer to, and include any such services
subject to regulation by the Public Utility Commission of Texas,
the Railroad Commission of Texas, or the Texas Natural Resource
Conservation Commission or any such services enfranchised by the
State of Texas or any political subdivision thereof.
(e) When more than one item of tangible property, belonging
to one or more owners, is damaged, destroyed, or tampered with in
violation of this section pursuant to one scheme or continuing
course of conduct, the conduct may be considered as one offense, and
the amounts of pecuniary loss to property resulting from the damage
to, destruction of, or tampering with the property may be
aggregated in determining the grade of the offense.
(f) An offense under this section is a state jail felony if
the damage or destruction is inflicted on a place of worship or
human burial, a public monument, or a community center that
provides medical, social, or educational programs and the amount of
the pecuniary loss to real property or to tangible personal
property is less than $20,000.
(g) In this section:
(1) "Explosive weapon" means any explosive or
incendiary device that is designed, made, or adapted for the
purpose of inflicting serious bodily injury, death, or substantial
property damage, or for the principal purpose of causing such a loud
report as to cause undue public alarm or terror, and includes:
(A) an explosive or incendiary bomb, grenade,
rocket, and mine;
(B) a device designed, made, or adapted for
delivering or shooting an explosive weapon; and
(C) a device designed, made, or adapted to start
a fire in a time-delayed manner.
(2) "Firearm" has the meaning assigned by Section
46.01.
(3) "Institution of higher education" has the meaning
assigned by Section 61.003, Education Code.
(h) An offense under this section is a state jail felony if
the amount of the pecuniary loss to real property or to tangible
personal property is $1,500 or more but less than $20,000 and the
damage or destruction is inflicted on a public or private
elementary school, secondary school, or institution of higher
education.
(i) Notwithstanding Subsection (b), an offense under this
section is a felony of the first degree if the property is livestock
and the damage is caused by introducing bovine spongiform
encephalopathy, commonly known as mad cow disease, or a disease
described by Section 161.041(a), Agriculture Code. In this
subsection, "livestock" has the meaning assigned by Section
161.001, Agriculture Code.
http://www.capitol.state.tx.us/statutes/docs/PE/content...

Whew.

on edit: wonder if (f) will apply?:
(f) An offense under this section is a state jail felony if
the damage or destruction is inflicted on a place of worship or
human burial, a public monument, or a community center that
provides medical, social, or educational programs and the amount of
the pecuniary loss to real property or to tangible personal
property is less than $20,000.
Printer Friendly | Permalink |  | Top
 

Home » Discuss » Archives » General Discussion (Through 2005) Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC