2006 South Dakota Code - 22-34-1 — Intentional damage to property--Degree of offense according to value--Application.

     22-34-1.   Intentional damage to property--Degree of offense according to value--Application. Any person who, with specific intent to do so, injures, damages, or destroys:
             (1)      Public property without the lawful consent of the appropriate governing body having jurisdiction thereof; or
             (2)      Private property in which any other person has an interest, without the consent of the other person;
is guilty of intentional damage to property. If the damage to property is four hundred dollars or less, the person is guilty of intentional damage to property in the third degree, which is a Class 2 misdemeanor. If the damage to property is one thousand dollars or less but more than four hundred dollars, the person is guilty of intentional damage to property in the second degree, which is a Class 1 misdemeanor. If the damage to property is one hundred thousand dollars or less but more than one thousand dollars, the person is guilty of intentional damage to property in the first degree, which is a Class 4 felony. If the damage to property is more than one hundred thousand dollars, the person is guilty of aggravated intentional damage to property, which is a Class 3 felony.
     The provisions of this section do not apply if the intentional damage to property was accomplished by arson or reckless burning or exploding pursuant to chapter 22-33.

Source: SDC 1939, § 13.4501; SL 1967, ch 28; SL 1971, ch 159; SDCL Supp, § 22-34-3.1; SL 1976, ch 158, § 34-1; SL 1977, ch 189, § 70; SL 1978, ch 158, § 12; SL 1990, ch 164, § 1; SL 2005, ch 120, § 97.

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