ANSWERS: 1
  • Because criminal codes vary from state to state, it is important to know the legal definition of an offense for your particular state. Kentucky has a specific set of criteria that qualify an act as 2nd degree criminal mischief.

    Statute

    Kentucky Revised Statute (KRS) 512.030 defines 2nd degree criminal mischief as intentional or wanton defacement, destruction or damage of another person's property. The perpetrator must have no right to cause such damage, and the damage must exceed $500.

    Classification

    In Kentucky, 2nd degree criminal mischief is a Class A misdemeanor. Class A designates the most serious misdemeanors.

    Example

    Criminal mischief may take many forms. Graffiti is a form of defacement that can lead to criminal mischief charges.

    Punishment

    KRS 532.090 sets the punishment for 2nd degree criminal mischief as imprisonment of up to 12 months. KRS 534.040 provides for a fine of up to $500. A judge may impose this fine along with or instead of imprisonment.

    Other Degrees of Criminal Mischief

    The degree of criminal mischief depends on the dollar amount of damage caused. Damage totaling $1,000 or more leads to a 1st degree criminal mischief charge, a Class D felony, and damage totaling under $500 leads to a 3rd degree criminal mischief charge, a Class B misdemeanor.

    Source:

    Kentucky Statute 512.030

    Penalty Statutes

    "Criminal Law and Procedure" (pg. 140-141); Daniel E. Hall; 2008

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