Police Department Policy

176 CRIMINAL MISCHIEF

Village of El Portal Police Department

Policy Text
POLICY 176.0CRIMINAL MISCHIEF REVISED: 11/2011 RELATED POLICIES: Reviewed by Chief David Magnusson 4/2019 A.FLORIDA STATE STATUE 806.13 CRIMINAL MISCHIEF A person commits the offense of criminal mischief if he willfully and maliciously injures or damages by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism thereto. 1.If the damage to such property is $200 or less, it is a misdemeanor of the second degree. 2.If the damage to such property is greater than $200 but less than $1,000, it is a misdemeanor of the first degree. 3.If the damage is $1,000 or greater or if there is interruption or impairment of business operation or public communication, transportation, supply of water, gas or power or other public service, which costs $1,000 or more in labor and supplies to restore, it is a felony of the third degree. 4.Any person who willfully and maliciously defaces, injures, or damages by any means any church, synagogue, mosque, or other place of worship, or any religious article contained therein is guilty of a felony of the third degree. 5.Whoever, without the consent of the owner thereof, willfully destroys or substantially damages any public telephone, or telephone cables, wires, fixtures, antennas, amplifiers or appliances, which destruction or damage renders a public telephone inoperative or which opens the body of a public telephone, shall be guilty of a felony of the third degree provided; however, that a conspicuous notice of the provision of this subsection and the penalties provided shall have been posted on or near the destroyed or damaged instrument and visible to the public at the time of the commission of the offense. 6.Any person who violates a provision of this section may, in addition to any other criminal penalty, be required to pay for the damages caused by such offense. B.FLORIDA STATE STATUTE 806.14 ART WORKS IN PUBLIC BUILDINGS; WILLFUL DAMAGE; UNAUTHORIZED REMOVAL; PENALTIES 1.Whoever willfully destroys, mutilates, defaces, injures or without authority removes any work of art displayed in a public building is guilty of a criminal offense. Page 1 of 2 2.If the damage to the work of art is such that the cost of restoration in labor and supplies or replacement value is $200 or less, the offense is a misdemeanor of the second degree. 3.If the damage to the work of art is such that the cost of restoration in labor and supplies or if the replacement value is greater than $200, but less than $1,000, the offense is a misdemeanor of the first degree. 4.If the damage to the work of art is such that the cost of restoration in labor and supplies or the replacement value is $1,000 or more, the offense is a felony of the third degree. C.These offenses, whether felonies or misdemeanors, will be reported on a regular offense report and an appropriate investigation conducted. Page 2 of 2

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