§ 28-168. Criminal mischief.  


Latest version.
  • It shall be unlawful for any person to commit criminal mischief. The term "criminal mischief" means the intentional performance of any of the following acts:

    (1)

    Tampering with any property of another, without the consent of the owner, with the intent to interfere with the free enjoyment of any rights of anyone thereto, or with the intent to deprive anyone entitled thereto of the full use of the property.

    (2)

    The giving of any false alarm of fire or notice which would reasonably result in emergency response.

    (3)

    The driving of any tack, nail, spike or metal over 1½ inches in length into any tree located on lands belonging to another, without the consent of the owner, or without the later removal of the object from the tree.

    (4)

    The felling, topping or pruning of trees or shrubs within the right-of-way of a village street, without prior written approval of the village or its representative, provided prior written approval is not required for agents or employees of public utility companies in situations of emergency where the person or property of others is endangered.

    (5)

    The giving of any false report or complaint to any officer of the law relative to the commission of, or an attempt to commit, an offense or crime.

    (6)

    Throwing any stone or any other missile in any street, avenue, alley, road, highway, open space, public square, or enclosure, or throwing any stone, missile, or other object from any place into any street, avenue, road, highway, alley, open space, public square, enclosure, or at any train, railway car, or locomotive.

    (7)

    Taking temporary possession of any part of a place of business, or remaining in a place of business after the person in charge of such business or portion of such business has directed such person to leave the premises and to desist from the temporary possession of any part of such business.

    (8)

    The communication to any person for the purpose of disrupting any public utility water service, when the communication causes any officer, employee, or agent of the service reasonably to be placed in sustained fear for his or another person's safety, or causes the evacuation of a water service building, or causes any discontinuance of any water service.

    (9)

    The discharging of any firearm at a train, locomotive, or railway car.

    (10)

    Placing graffiti upon immovable or movable property, whether publicly or privately owned, without the consent of the owner, by means of the use of spray paint, ink, marking pens containing a non-water-soluble fluid, brushes, applicators, or other materials for marking, scratching, or etching. The term "graffiti" includes, but is not limited to any sign, inscription, design, drawing, diagram, etching, sketch, symbol, lettering, name, or marking placed upon immovable or movable property in such a manner and in such a location as to deface the property and be visible to the general public.

(Code 2004, § 14.59)

State law reference

Criminal mischief, R.S. 14:59.