541.03 CRIMINAL DAMAGING OR ENDANGERING.

   (a)   No person shall cause, or create a substantial risk of physical harm to any property of another without his consent:

      (1)   Knowingly, by any means;

      (2)   Recklessly, by means of fire, explosion, flood, poison gas, poison, radioactive material, caustic or corrosive material, or other inherently dangerous agency or substance.

      (3)   Knowingly by means of firearm.

   (b)   Whoever violates any of the provisions of this section is guilty of criminal damaging or endangering, if the property involved is not an aircraft, an aircraft engine, propeller, appliance, spare part or any other equipment or implement used or intended to be used in the operation of an aircraft and if the violation does not create a risk of physical harm to any person, and if the property involved is not an occupied aircraft. A violation of this section is a misdemeanor of the second degree. If violation of this section creates a risk of physical harm to any person, criminal damaging or endangering is a misdemeanor of the first degree. Whoever violates subsection (a)(3) is also guilty of a misdemeanor of the first degree with the maximum term of imprisonment increased to one year and the maximum fine increased to one thousand two hundred fifty dollars ($1,250.00).

(Ord. 87-338. Passed 8-5-87.)