(1)
(a) As used in this section, "public record" means the same as that term is defined in Section 76-8-412.
(b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
(2) An actor commits stealing, destroying, or mutilating a public record by a noncustodian if the actor:
(a) does not have lawful custody of a public record; and
(b) steals, willfully destroys, mutilates, defaces, alters, falsifies, removes, or secrets the whole or a part of the public record or permits another individual to do so.
(3) A violation of Subsection (2) is a class A misdemeanor.