§ 2909.07 Criminal mischief.
(A) No person shall:
(1) Without privilege to do so, knowingly move, deface, damage, destroy, or otherwise improperly tamper with the property of another;
(2) With purpose to interfere with the use or enjoyment of property of another, employ a tear gas device, stink bomb,smoke generator, or other device releasing a substance that is harmful or offensive to persons exposed or that tends to cause public alarm;
(3) Without privilege to do so, knowingly move, deface, damage, destroy, or otherwise improperly tamper with a bench mark, triangulation station, boundary marker, or other survey station, monument, or marker;
(4) Without privilege to do so, knowingly move, deface, damage, destroy, or otherwise improperly tamper with any safety device, the property of another, or the property of the offender when required or placed for the safety of others, so as to destroy or diminish its effectiveness or availability for its intended purpose;
(5) With purpose to interfere with the use or enjoyment of the property of another, set a fire on the land of another or place personal property that has been set on fire on the land of another, which fire or personal property is outside and apart from any building, other structure, or personal property that is on that land.
(B) As used in this section, "safety device" means any fire extinguisher, fire hose, or fire axe, or any fire escape, emergency exit, or emergency escape equipment, or any life line, life-saving ring, life preserver, or life boat or raft, or any alarm, light, flare, signal, sign, or notice intended to warn of danger or emergency, or intended for other safety purposes, or any guard railing or safety barricade, or any traffic sign or signal, or any railroad grade crossing sign, signal, or gate, or any first aid or survival equipment, or any other device, apparatus, or equipment intended for protecting or preserving the safety of persons or property.
(C) Whoever violates this section is guilty of criminal mischief, a misdemeanor of the third degree. If violation of this section creates a risk of physical harm to any person, criminal mischief is a misdemeanor of the first degree. If the property involved in violation of this section is an aircraft, an aircraft engine, propeller, appliance, spare part, fuel, lubricant, hydraulic fluid, any other equipment, implement, or material used or intended to be used in the operation of an aircraft, or any cargo carried or intended to be carried in an aircraft and if the violation creates a risk of physical harm to any person, criminal mischief is a felony of the fifth degree. If the property involved in violation of this section is an aircraft, an aircraft engine, propeller, appliance, spare part, fuel, lubricant, hydraulic fluid, any other equipment, implement, or material used or intended to be used in the operation of an aircraft, or any cargo carried or intended to be carried in an aircraft and if the violation creates a substantial risk of physical harm to any person or if the property involved in a violation of this section is an occupied aircraft, criminal mischief is a felony of the fourth degree.
HISTORY: 134 v H 511 (Eff 1-1-74); 135 v H 89 (Eff 1-1-74); 140 v H 570 (Eff 3-28-85); 141 v S 316 (Eff 3-19-87); 146 v S 2. Eff 7-1-96.
Analogous to former RC § 2909.07 (RS § 6866; 69 v 81; GC § 12481; Bureau of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74.
The effective date is set by section 6 of SB 2.
1974 Committee Comment to H 511
This section provides a comprehensive prohibition against any unprivileged, unjustified, and unauthorized act of knowingly tampering with another's property. Also, the section replaces a former section forbidding the use of stink bombs, as well as former separate sections dealing with damaging survey marks.
Criminal mischief is a misdemeanor of the third degree. If violation creates a risk of harm to any person, the offense is a misdemeanor of the first degree.
Comparative Legislation
Criminal mischief:
CA--Penal Code § 594
FL--Stat Ann § 806.13
IL--Comp Stat Ann ch 720 § 5/21-1
IN--Code § 35-43-1-2
KY--Rev Stat Ann §§ 512.010-512.080
MI--Comp Laws Ann § 750.377 et seq
NY--Penal Law §§ 145.00-145.12
PA--CSA tit 18 § 3304
Please see http://onlinedocs.andersonpublishing.com for further information.