2006 Code of Virginia § 18.2-137 - Injuring, etc., any property, monument, etc

18.2-137. Injuring, etc., any property, monument, etc.

A. If any person unlawfully destroys, defaces, damages or removes without theintent to steal any property, real or personal, not his own, or breaks down,destroys, defaces, damages or removes without the intent to steal, anymonument or memorial for war veterans described in 15.2-1812, any monumenterected for the purpose of marking the site of any engagement fought duringthe War between the States, or for the purpose of designating the boundariesof any city, town, tract of land, or any tree marked for that purpose, heshall be guilty of a Class 3 misdemeanor; provided that the court may, in itsdiscretion, dismiss the charge if the locality or organization responsiblefor maintaining the injured property, monument, or memorial files a writtenaffidavit with the court stating it has received full payment for the injury.

B. If any person intentionally causes such injury, he shall be guilty of (i)a Class 1 misdemeanor if the value of or damage to the property, memorial ormonument is less than $1,000 or (ii) a Class 6 felony if the value of ordamage to the property, memorial or monument is $1,000 or more. The amount ofloss caused by the destruction, defacing, damage or removal of such property,memorial or monument may be established by proof of the fair market cost ofrepair or fair market replacement value. Upon conviction, the court may orderthat the defendant pay restitution.

(Code 1950, 18.1-172; 1960, c. 358; 1975, cc. 14, 15, 598; 1990, c. 933;1999, c. 625.)

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