(1) Terms defined in Sections 76-1-101.5 and 76-9-1201 apply to this section.
(2) Except as provided in Subsection (4), an actor commits unlawful damage to a bridge, dam, canal, or other water-related structure if the actor intentionally, knowingly, or recklessly:
(a) cuts, breaks, damages, or destroys a bridge, dam, canal, flume, aqueduct, levee, embankment, reservoir, or other structure erected:
(i) to create hydraulic power;
(ii) to drain or reclaim a swamp, overflowed land, or marsh land; or
(iii) to conduct water for mining, manufacturing, reclamation, or agricultural purposes, or for the supply of the inhabitants of any city or town;
(b) makes or causes to be made an aperture in a dam, canal, flume, aqueduct, reservoir, embankment, levee, or similar structure with intent to injure or destroy the dam, canal, flume, aqueduct, reservoir, embankment, levee, or similar structure; or
(c) draws up, cuts, or injures a pile fixed in the ground and used for securing a lake or river bank or wall or a dock, quay, jetty, or lock.
(3) A violation of Subsection (2) is a third degree felony.
(4) Subsection (2) applies to conduct that does not amount to a violation of Subsection 76-6-106(2)(a)(ii) or Section 76-6-106.3.