(A) A person commits criminal damage to property when he or she:
(1) Knowingly damages any property of another;
(2) Recklessly by means of fire or explosive damages property of another;
(3) Knowingly starts a fire on the land of another;
(4) Knowingly injures a domestic animal of another without his or her consent;
(5) Knowingly deposits on the land or in the building of another any stink bomb or any offensive smelling compound and thereby intends to interfere with the use by another of the land or building;
(6) Knowingly damages any property, other than as described in subsection (2) of this division (A), with intent to defraud an insurer;
(7) Knowingly shoots a firearm at any portion of a railroad train;
(8) Knowingly, without proper authorization, cuts, injures, damages, defaces, destroys, or tampers with any fire hydrant or any public or private fire fighting equipment, or any apparatus appertaining to fire fighting equipment; or
(9) Intentionally, without proper authorization, opens any fire hydrant.
(B) When the charge of criminal damage to property exceeding a specified value is brought, the extent of the damage is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding the specified value.
(C) It is an affirmative defense to a violation of division (A)(1),(3) or (5) of this section that the owner of the property or land damaged consented to the damage.
(1999 Code, § 131.01) Penalty, see § 130.99