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2006 Minnesota Statutes

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609.595 DAMAGE TO PROPERTY.
    Subdivision 1. Criminal damage to property in the first degree. Whoever intentionally
causes damage to physical property of another without the latter's consent may be sentenced to
imprisonment for not more than five years or to payment of a fine of not more than $10,000,
or both, if:
(1) the damage to the property caused a reasonably foreseeable risk of bodily harm; or
(2) the property damaged belongs to a common carrier and the damage impairs the service to
the public rendered by the carrier; or
(3) the damage reduces the value of the property by more than $500 measured by the cost of
repair and replacement; or
(4) the damage reduces the value of the property by more than $250 measured by the cost of
repair and replacement and the defendant has been convicted within the preceding three years of
an offense under this subdivision or subdivision 2.
In any prosecution under clause (3), the value of any property damaged by the defendant in
violation of that clause within any six-month period may be aggregated and the defendant charged
accordingly in applying the provisions of this section; provided that when two or more offenses
are committed by the same person in two or more counties, the accused may be prosecuted in
any county in which one of the offenses was committed for all of the offenses aggregated under
this paragraph.
    Subd. 1a. Criminal damage to property in the second degree. (a) Whoever intentionally
causes damage described in subdivision 2, paragraph (a), because of the property owner's or
another's actual or perceived race, color, religion, sex, sexual orientation, disability as defined in
section 363A.03, age, or national origin is guilty of a felony and may be sentenced to imprisonment
for not more than one year and a day or to payment of a fine of not more than $3,000, or both.
(b) In any prosecution under paragraph (a), the value of property damaged by the defendant
in violation of that paragraph within any six-month period may be aggregated and the defendant
charged accordingly in applying this section. When two or more offenses are committed by the
same person in two or more counties, the accused may be prosecuted in any county in which one
of the offenses was committed for all of the offenses aggregated under this paragraph.
    Subd. 2. Criminal damage to property in the third degree. (a) Except as otherwise
provided in subdivision 1a, whoever intentionally causes damage to another person's physical
property without the other person's consent may be sentenced to imprisonment for not more
than one year or to payment of a fine of not more than $3,000, or both, if the damage reduces
the value of the property by more than $250 but not more than $500 as measured by the cost
of repair and replacement.
(b) Whoever intentionally causes damage to another person's physical property without the
other person's consent because of the property owner's or another's actual or perceived race, color,
religion, sex, sexual orientation, disability as defined in section 363A.03, age, or national origin
may be sentenced to imprisonment for not more than one year or to payment of a fine of not more
than $3,000, or both, if the damage reduces the value of the property by not more than $250.
(c) In any prosecution under paragraph (a), the value of property damaged by the defendant
in violation of that paragraph within any six-month period may be aggregated and the defendant
charged accordingly in applying this section. When two or more offenses are committed by the
same person in two or more counties, the accused may be prosecuted in any county in which one
of the offenses was committed for all of the offenses aggregated under this paragraph.
    Subd. 3. Criminal damage to property in the fourth degree. Whoever intentionally causes
damage described in subdivision 2 under any other circumstances is guilty of a misdemeanor.
History: 1963 c 753 art 1 s 609.595; 1971 c 23 s 60; 1977 c 355 s 11; 1979 c 258 s 18; 1984
c 421 s 1; 1984 c 628 art 3 s 11; 1987 c 329 s 11; 1989 c 261 s 2-4; 2002 c 401 art 1 s 17

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