(a) A person commits criminal mischief in the second degree if the person:
(1) Recklessly destroys or damages any property of another person; or
(2) Purposely tampers with any property of another person and by the tampering causes substantial inconvenience to the owner or another person.
(b) Criminal mischief in the second degree is a:
(1) Class A misdemeanor if the amount of actual damage is one thousand dollars ($1,000) or more but less than five thousand dollars ($5,000);
(2) Class D felony if the amount of actual damage is five thousand dollars ($5,000) or more; or
(3) Class B misdemeanor if otherwise committed.
(c) A person convicted of a felony offense under this section is subject to an enhanced sentence of an additional term of imprisonment of five (5) years at the discretion of the court if the finder of fact finds that the damage to property involved the removal of nonferrous metal, as it is defined in § 17-44-101.
Acts 1975, No. 280, § 1907; A.S.A. 1947, § 41-1907; Acts 1989, No. 735, § 1; 2011, No. 570, § 30; 2013, No. 1354, § 6.