§ 42-82. Injuring or removing property, monument or memorial.

(a)

If any person unlawfully destroys, defaces, damages or removes without the intent to steal any property, real or personal, not his own or breaks down, destroys, defaces, damages or removes without the intent to steal any monument or memorial for war veterans described in Code of Virginia, § 15.2-1812; any monument erected for the purpose of marking the site of any engagement fought during the War between the States; or for the purpose of designating the boundaries of any city, town, tract of land or any tree marked for that purpose, he shall be guilty of a class 3 misdemeanor; provided that the court may, in its discretion, dismiss the charge if the locality or organization responsible for maintaining the injured property, monument, or memorial files a written affidavit with the court stating it has received full payment for the injury.

(b)

If any person intentionally causes such injury, he shall be guilty of a class 1 misdemeanor if the value of or damage to the property, memorial or monument is less than $1,000.00. The amount of loss caused by the destruction, defacing, damage or removal of such property, memorial or monument may be established by proof of the fair market cost of repair or fair market replacement value. Upon conviction, the court may order that the defendant pay restitution.

(Code 1992, § 15-16)

State Law reference— Similar provisions, Code of Virginia, § 18.2-137.

(Code 1992, § 15-16)

State law reference

Similar provisions, Code of Virginia, § 18.2-137.