§ 716.6

716.6 Criminal mischief in the fourth and fifth degrees. 1. a. Criminal mischief is criminal mischief in the fourth degree if any of the following apply: (1) The cost of replacing, repairing, or restoring the property that is damaged, defaced, altered, or destroyed exceeds three hundred dollars, but does not exceed seven hundred fiftydollars. (2) The person intentionally injures, destroys, disturbs, or removes any monument, as defined in section 355.1, placed on any tract of land, street, or highway, designating any point,course, or line on the boundary of the tract of land, street, or highway, if the monument wasplaced at such location by a land surveyor licensed under chapter 542B, or by any persondirected by a licensed land surveyor. A governmental entity and employees of such an entityare exempt from prosecution under this subparagraph for projects performed pursuant tosection 314.8. A licensed land surveyor and persons under the direction of a licensed landsurveyor are also exempt from prosecution under this subparagraph for removing an existingmonument in order to place an upgraded or more suitable monument in the same location.

tion of a licensed landsurveyor are also exempt from prosecution under this subparagraph for removing an existingmonument in order to place an upgraded or more suitable monument in the same location. (3) The person intentionally injures, destroys, disturbs, or removes any monument that has been established by the national geodetic survey, Iowa geodetic survey, or any countygeographic information system for use in the determination of spatial location relative to thespecified Iowa state plane coordinate system or precise elevation datum. A governmentalentity and employees of such an entity are exempt from prosecution under this subparagraphfor projects performed pursuant to section 314.8. b. Criminal mischief in the fourth degree is a serious misdemeanor.2. All criminal mischief which is not criminal mischief in the first degree, second degree, third degree, or fourth degree is criminal mischief in the fifth degree. Criminal mischief inthe fifth degree is a simple misdemeanor. [C79, 81, §716.6]83 Acts, ch 99, §2; 92 Acts, ch 1060, §11; 99 Acts, ch 153, §14; 2009 Acts, ch 41, §260; 2010 Acts, ch 1130, §1; 2013 Acts, ch 90, §195; 2019 Acts, ch 140, §21 Referred to in §123.138,

79, 81, §716.6]83 Acts, ch 99, §2; 92 Acts, ch 1060, §11; 99 Acts, ch 153, §14; 2009 Acts, ch 41, §260; 2010 Acts, ch 1130, §1; 2013 Acts, ch 90, §195; 2019 Acts, ch 140, §21 Referred to in §123.138, 716.6A, 717A.3 Sat Dec 23 12:30:22 2023 Iowa Code 2024, Section 716.6 (19, 0)