Punishment - Damages. A. Every person who maliciously injures, defaces or destroys any real or personal property not his or her own, in cases other than such as are specified in Section 1761 et seq. of this title, is guilty of: 1. A misdemeanor, if the damage, defacement or destruction causes a loss which has an aggregate value of less than One Thousand Dollars ($1,000.00); 2. A Class D3 felony offense, if the damage, defacement or destruction causes a loss which has an aggregate value of One Thousand Dollars ($1,000.00) or more, punishable by imprisonment as provided for in subsections B through F of Section 20P of this title; or 3. A Class D3 felony offense, if the defendant has two or more prior convictions for an offense under this section, notwithstanding the value of loss caused by the damage, defacement or destruction. B. In addition to any other punishment prescribed by law for violations of subsection A of this section, he or she is liable in treble damages for the injury done, to be recovered in a civil action by the owner of such property or public officer having charge thereof. R.L.1910, § 2765. Amended by Laws 1989, c. 155, § 1, eff. Nov. 1, 1989; Laws 1997, c. 133, § 413, eff. July 1, 1999; Laws 2008, c. 55, § 1, eff. Nov. 1, 2008; Laws 2025, c. 486, § 694, eff. Jan. 1, 2026. NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 413 from July 1, 1998, to July 1, 1999.
Notes of Decisions
Creekmore v. Redman Indus., Inc., 671 P.2d 73 (Okla. Civ. App. 1983).
· cites it 3× “Appellants, in their appeal, present two propositions of error: (1) whether the trial court properly granted Appellees’ motion for partial summary judgment denying forfeiture of the lease for commitment of waste; and (2) whether the trial court correctly refused to instruct the…”
Nuncio v. Rock Knoll Townhome Vill., Inc., 389 P.3d 370 (Okla. Civ. App. 2016).
· cites it 2× “2011 § 119[1]; and 21 O.S.2011 § 1760. 2 Nuncio asserted all Defen *373 dants were liable for creating a private nuisance by causing or failing to prevent the emission of tobacco smoke which migrated across common areas and invaded Nuncio’s property.”
McFarlin v. State, 554 P.2d 56 (Okla. Crim. App. 1976).
· cites it 2× “The defendant cites as his authority 21 O.S.1971, § 1760 and annotated cases thereafter.”
Wooldridge v. State, 801 P.2d 729 (Okla. Crim. App. 1990).
“The elements of Malicious Injury or Destruction of Property are set out at 21 O.S.1981, § 1760, and in pertinent part provides: Every person who maliciously injures, defaces or destroys any real or personal property not his own .”
Johnson v. State, 725 P.2d 1270 (Okla. Crim. App. 1986).
“1981, § 1438, and Malicious Mischief, 21 O.S.1981, § 1760, though the court was never requested to do so at trial.”
Parrott v. State, 522 P.2d 628 (Okla. Crim. App. 1974).
“3 to the effect that defendant was entitled to have the jury instructed on 21 O.S.1971, § 1760, as a lesser and included offense.”
State Ex Rel. Oklahoma Bar Ass'n v. Zannotti, 326 P.3d 496 (Okla. 2014).
“6 See 21 O.S.2011, § 1760, which provides: A. Every person who maliciously injures, defaces or destroys any real or personal property not his or her own, in cases other than such as are specified in Section 1761 et seq.”
Jackson v. State, 818 P.2d 910 (Okla. Crim. App. 1991).
“Appellant argues that since the State failed to prove the value of the poly-cart, he was entitled to an instruction under 21 O.S.1981, § 1760, which includes setting a trash can on fire when the value is less than fifty dollars ($50.”
Church v. State, 406 P.2d 517 (Okla. Crim. App. 1965).
· cites it 2× “From an examination of the information and judgment and sentence, it is readily apparent that the trial court assumed that the allegations contained in the information were laid under the general provisions of Title 21 O.S. § 1760, and accordingly imposed punishment for a…”
McDaris v. State, 505 P.2d 502 (Okla. Crim. App. 1973).
“21 O.S. § 1760, provides as follows: “Every person who maliciously injures, defaces or destroys any real or personal property not his own, in cases other than such as are specified in the following sections, is guilty of a misdemeanor, and in addition to the punishment…”
United States v. McFarland (10th Cir. 2018).
“7 securing the farmer’s gate, in violation of Okla. Stat. tit. 21, § 1760 (A)(1). He contends that the evidence established only that he was one of two people involved in cutting off the lock.”
— Okla. Stat. tit. 21, § 1760(A)(1) — 1 case
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