Ark. Code Ann. § 5-38-204

Criminal mischief in the second degree

Applied in 4 court decisions — leading case Commonwealth v. Deberry (2004)

Most recently applied in 98 Ark. App. 226 - Coombs v. Hot Springs Village Property Owners Ass'n (March 2007)

Acts 1975, No. 280, § 1907; A.S.A. 1947, § 41-1907; Acts 1989, No. 735, § 1; 2011, No. 570, § 30; 2013, No. 1354, § 6.

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) A person commits criminal mischief in the second degree if the person: Recklessly destroys or damages any property of another person; or

(2) Purposely tampers with any property of another person and by the tampering causes substantial inconvenience to the owner or another person.

(3) Criminal mischief in the second degree is a: Class A misdemeanor if the amount of actual damage is one thousand dollars ($1,000) or more but less than five thousand dollars ($5,000);

(4) Class D felony if the amount of actual damage is five thousand dollars ($5,000) or more; or

(5) Class B misdemeanor if otherwise committed.

(6) A person convicted of a felony offense under this section is subject to an enhanced sentence of an additional term of imprisonment of five (5) years at the discretion of the court if the finder of fact finds that the damage to property involved the removal of nonferrous metal, as it is defined in § 17-44-101.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.