(a) A person commits the crime of criminal mischief in the third degree if, with intent to damage property, and having no right to do so or any reasonable ground to believe that he or she has such a right, he or she inflicts damages to property in an amount not exceeding five hundred dollars ($500).
(b) Criminal mischief in the third degree is a Class B misdemeanor.
(Acts 1977, No. 607, p. 812, §2707; Act 2003-355, p. 962, §1.)
Notes of Decisions
Chaney v. Ala West-al, LLC, 22 So. 3d 488 (Ala. Civ. App. 2008).
· cites it 7× “In their five-count complaint, the plaintiffs alleged that the defendants had violated two criminal statutes, §§ 13A-7-23 and -23.1(b), Ala. Code 1975 (counts 1 and 2); 3 had tres *491 passed by disturbing the plaintiffs’ relatives graves and remains (count 3); had intentionally…”
R.L.L. v. State, 564 So. 2d 474 (Ala. Crim. App. 1990).
· cites it 5× “Ala.Code § 13A-7-23 (1975). Proof of this crime requires, inter alia, a showing, beyond a reasonable doubt, by the State that the accused intended to damage the property at issue.”
Phillips v. State, 65 So. 3d 971 (Ala. Crim. App. 2010).
· cites it 2× “Criminal mischief in the third degree, see § 13A-7-23, Ala.Code 1975, for damage done to vending machines inside Florala High School (count XVII of the indictment 5 ).”
Baker v. State, 933 So. 2d 406 (Ala. Crim. App. 2005).
“Baker appealed to the circuit court for a trial de novo; he was again convicted of criminal mischief in the third degree.”
C.P. v. State, 597 So. 2d 246 (Ala. Crim. App. 1992).
· cites it 2× “, was adjudicated delinquent on the underlying offense of criminal mischief, a violation of § 13A-7-23, Code of Alabama 1975. He was placed on six months’ probation.”
Sales v. State, 460 So. 2d 1255 (Ala. Crim. App. 1984).
· cites it 2× “T Before the trial of this case, the appellant was convicted in Municipal Court of menacing (in violation of § 13A-6-23, Code of Alabama 1975), criminal mischief in the third degree (in violation of § 13A-7-23, Code of Alabama 1975) and criminal trespass in the third degree (in…”
N.L.H. v. State, 873 So. 2d 258 (Ala. Crim. App. 2003).
“” § 13A-7-23(a), Ala.Code 1975. The State produced evidence that the cost to repair the window was $225.”
Stutts v. State, 897 So. 2d 428 (Ala. Crim. App. 2004).
“" § 13A-7-23(a), Ala.Code 1975. At the restitution hearing, the victim testified that his truck sustained extensive damage after it was submersed in the pond.”
CP v. State, 597 So. 2d 246 (Ala. Crim. App. 1992).
· cites it 2× “, was adjudicated delinquent on the underlying offense of criminal mischief, a violation of § 13A-7-23, Code of Alabama 1975. He was placed on six months' probation.”
NLH v. State, 873 So. 2d 258 (Ala. Crim. App. 2003).
“" § 13A-7-23(a), Ala.Code 1975. The State produced evidence that the cost to repair the window was $225.”
Ringelstein v. State, 698 So. 2d 244 (Ala. Crim. App. 1997).
· cites it 2× “However, there was sufficient proof to support a charge of criminal mischief in the third degree.”
Jones v. State, 764 So. 2d 568 (Ala. Crim. App. 1999).
· cites it 2× “The appellant was convicted pursuant to § 13A-7-23, Ala.Code 1975. Third-degree criminal mischief is a Class B misdemeanor.”
Ala. Code § 13A-7-23(a): 3 cases
N.L.H. v. State, 873 So. 2d 258 (Ala. Crim. App. 2003).
“” § 13A-7-23(a), Ala.Code 1975. The State produced evidence that the cost to repair the window was $225.”
Stutts v. State, 897 So. 2d 428 (Ala. Crim. App. 2004).
“" § 13A-7-23(a), Ala.Code 1975. At the restitution hearing, the victim testified that his truck sustained extensive damage after it was submersed in the pond.”
NLH v. State, 873 So. 2d 258 (Ala. Crim. App. 2003).
“" § 13A-7-23(a), Ala.Code 1975. The State produced evidence that the cost to repair the window was $225.”
Ala. Code § 13A-7-23(b): 2 cases
R.L.L. v. State, 564 So. 2d 474 (Ala. Crim. App. 1990).
“Ala.Code § 13A-7-23 (1975). Proof of this crime requires, inter alia, a showing, beyond a reasonable doubt, by the State that the accused intended to damage the property at issue.”
Jones v. State, 764 So. 2d 568 (Ala. Crim. App. 1999).
“The appellant was convicted pursuant to § 13A-7-23, Ala.Code 1975. Third-degree criminal mischief is a Class B misdemeanor.”
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