13-1602. Criminal damage; classification
A. A person commits criminal damage by:
1. Recklessly defacing or damaging property of another person.
2. Recklessly tampering with property of another person so as substantially to impair its function or value.
3. Recklessly damaging property of a utility.
4. Recklessly physically obstructing a passageway in such a manner as to deprive livestock of access to the only reasonably available water.
5. Recklessly drawing or inscribing a message, slogan, sign or symbol that is made on any public or private building, structure or surface, except the ground, and that is made without permission of the owner.
6. Intentionally tampering with utility property.
B. Criminal damage is punished as follows:
1. Criminal damage is a class 4 felony if the person recklessly damages property of another in an amount of $10,000 or more.
2. Criminal damage is a class 4 felony if the person recklessly damages the property of a utility in an amount of $5,000 or more or if the person intentionally tampers with utility property and the damage causes an imminent safety hazard to any person.
3. Criminal damage is a class 5 felony if the person recklessly damages property of another in an amount of $2,000 or more but less than $10,000 or if the damage is inflicted to promote, further or assist any criminal street gang or criminal syndicate with the intent to intimidate and the person is not subject to paragraph 1 or 2 of this subsection.
4. Criminal damage is a class 6 felony if the person recklessly damages property of another in an amount of $1,000 or more but less than $2,000.
5. Criminal damage is a class 1 misdemeanor if the person recklessly damages property of another in an amount of more than $250 but less than $1,000.
6. In all other cases criminal damage is a class 2 misdemeanor.
C. For a violation of subsection A, paragraph 5 of this section, in determining the amount of damage to property, damages include reasonable labor costs of any kind, reasonable material costs of any kind and any reasonable costs that are attributed to equipment that is used to abate or repair the damage to the property.
Notes of Decisions
State of Arizona v. Matthew Erich Manzanedo, 110 P.3d 1026 (Ariz. Ct. App. 2005).
· cites it 6× “” A.R.S. § 13-1602. Manzanedo argues there was no substantial evidence to sustain his criminal damage conviction because of the 1 Manzanedo was also charged with, but acquitted of, aggravated assault.”
In Re William G., 963 P.2d 287 (Ariz. Ct. App. 1997).
· cites it 6× “") section 13-1602 (Supp.1996). At the juvenile's adjudication hearing, on the evidence set forth above, the court found the juvenile was criminally reckless, stating: I believe that popping wheelies or however you want to say it, but flipping shopping carts near parked cars in…”
State v. French, 801 P.2d 482 (Ariz. Ct. App. 1990).
· cites it 4× “See A.R.S. § 13-1602. We cannot assume guilt of crimes of which defendant was not convicted.”
Ledvina v. Cerasani, 146 P.3d 70 (Ariz. Ct. App. 2006).
· cites it 2× “” In April 2004, before trial, the prosecutor moved to dismiss the criminal charges against Ledvina without prejudice, due to insufficient evidence.”
State v. Superior Court, 936 P.2d 558 (Ariz. Ct. App. 1997).
· cites it 5× “section 13-1602. A.R.S. section 13-1602(A)(1) defines criminal damage as “recklessly .”
State v. Far West Water & Sewer Inc., 228 P.3d 909 (Ariz. Ct. App. 2010).
· cites it 2× “The juvenile was charged with criminal damage under A.R.S. § 13-1602, which requires proof that a person “recklessly defaces or damages property of another.”
In Re Brandon H., 988 P.2d 619 (Ariz. Ct. App. 1999).
· cites it 6× “the department shall immediately suspend the driver license or privilege to drive or refuse to issue a driver license or privilege to drive of a person who is under eighteen years of age as follows: (3) Until the person’s eighteenth birthday on receiving the record of the…”
In re Ubaldo B., 81 P.3d 334 (Ariz. Ct. App. 2003).
· cites it 16× “§ 13-1602(A)(5), the legislature has “made it clear that a juvenile can be charged with committing graffiti [criminal damage] under either A.R.S.”
MARIO W. v. Kaipio, 265 P.3d 389 (Ariz. Ct. App. 2011).
· cites it 4× “§ 13-1507; one count of criminal damage in an amount of $250 or less, a class 2 misdemeanor, in violation of A.R.S. § 13-1602(A)(1-4), (B)(5) (2010); and two counts of theft, of a value less than $1000, class 1 misdemeanors, in violation of A.”
State v. Fancher, 818 P.2d 251 (Ariz. Ct. App. 1991).
· cites it 2× “00, the maximum amount of damage for a class 2 misdemeanor pursuant to A.R.S. § 13-1602(B)(4). The trial court disagreed and ordered restitution as noted.”
State v. Lujan, 664 P.2d 646 (Ariz. 1983).
· cites it 2× “art. 6 § 5(3) and A.R.S. § 12-120.24. Although the defendant raised other issues on appeal, we believe the Court of Appeals properly disposed of them in their opinion.”
— Ariz. Rev. Stat. § 13-1602(A) — 7 cases
MARIO W. v. Kaipio, 265 P.3d 389 (Ariz. Ct. App. 2011).
“§ 13-1507; one count of criminal damage in an amount of $250 or less, a class 2 misdemeanor, in violation of A.R.S. § 13-1602(A)(1-4), (B)(5) (2010); and two counts of theft, of a value less than $1000, class 1 misdemeanors, in violation of A.”
State v. Lujan, 664 P.2d 646 (Ariz. 1983).
“art. 6 § 5(3) and A.R.S. § 12-120.24. Although the defendant raised other issues on appeal, we believe the Court of Appeals properly disposed of them in their opinion.”
— Ariz. Rev. Stat. § 13-1602(A)(1) — 27 cases
In Re William G., 963 P.2d 287 (Ariz. Ct. App. 1997).
“") section 13-1602 (Supp.1996). At the juvenile's adjudication hearing, on the evidence set forth above, the court found the juvenile was criminally reckless, stating: I believe that popping wheelies or however you want to say it, but flipping shopping carts near parked cars in…”
State v. Superior Court, 936 P.2d 558 (Ariz. Ct. App. 1997).
“section 13-1602. A.R.S. section 13-1602(A)(1) defines criminal damage as “recklessly .”
In re Ubaldo B., 81 P.3d 334 (Ariz. Ct. App. 2003).
“§ 13-1602(A)(5), the legislature has “made it clear that a juvenile can be charged with committing graffiti [criminal damage] under either A.R.S.”
— Ariz. Rev. Stat. § 13-1602(A)(5) — 2 cases
In re Ubaldo B., 81 P.3d 334 (Ariz. Ct. App. 2003).
“§ 13-1602(A)(5), the legislature has “made it clear that a juvenile can be charged with committing graffiti [criminal damage] under either A.R.S.”
In Re Brandon H., 988 P.2d 619 (Ariz. Ct. App. 1999).
“the department shall immediately suspend the driver license or privilege to drive or refuse to issue a driver license or privilege to drive of a person who is under eighteen years of age as follows: (3) Until the person’s eighteenth birthday on receiving the record of the…”
— Ariz. Rev. Stat. § 13-1602(B) — 5 cases
State of Arizona v. Matthew Erich Manzanedo, 110 P.3d 1026 (Ariz. Ct. App. 2005).
“” A.R.S. § 13-1602. Manzanedo argues there was no substantial evidence to sustain his criminal damage conviction because of the 1 Manzanedo was also charged with, but acquitted of, aggravated assault.”
— Ariz. Rev. Stat. § 13-1602(B)(1) — 1 case
— Ariz. Rev. Stat. § 13-1602(B)(2) — 1 case
— Ariz. Rev. Stat. § 13-1602(B)(3) — 1 case
— Ariz. Rev. Stat. § 13-1602(B)(4) — 4 cases
State v. Fancher, 818 P.2d 251 (Ariz. Ct. App. 1991).
“00, the maximum amount of damage for a class 2 misdemeanor pursuant to A.R.S. § 13-1602(B)(4). The trial court disagreed and ordered restitution as noted.”
— Ariz. Rev. Stat. § 13-1602(B)(5) — 2 cases
— Ariz. Rev. Stat. § 13-1602(B)(6) — 4 cases
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