45-6-106. Criminal mischief damage to rental property. (1) A tenant commits the offense of criminal mischief damage to rental property if the tenant purposely or knowingly destroys, defaces, damages, impairs, or removes any part of the premises with a value of at least $1,000 or permits any person to do so in violation of 70-24-321(2) or 70-33-321(3).
     (2) A person convicted of the offense of criminal mischief damage to rental property shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 6 months, or both.
     (3) A person convicted of criminal mischief damage to rental property must be ordered to make restitution in an amount and manner to be set by the court pursuant to 46-18-201(5) and 46-18-241 through 46-18-249.
     (4) A prosecution under this section is independent of and does not constitute a waiver of any of the rights, duties, obligations, and remedies otherwise provided for under Title 70, chapter 24 or 33.
     (5) A person convicted of criminal mischief damage to rental property under this section is not subject to the provisions of 45-6-101.

     History: En. Sec. 1, Ch. 466, L. 2009; amd. Sec. 1, Ch. 220, L. 2011.