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2021 SESSION
21100420DBe it enacted by the General Assembly of Virginia:
1. That § 18.2-137 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-137. Injuring, etc., any property or a monument or memorial; penalties.
A. If any person unlawfully (i)
destroys, defaces, damages, or removes without the intent to steal any
property, real or personal, not his own, or (ii) breaks down, destroys,
defaces, damages, or removes without the intent to steal,
any monument or memorial for war veterans, not his own, described in §
15.2-1812;,
any monument erected to mark the site of any engagement fought during the Civil
War, or any memorial to designate the boundaries of any city, town, tract of
land, or any tree marked for that purpose, he shall
be is
guilty of a Class 3 misdemeanor, provided that. However, the court may, in
its discretion, dismiss the charge if the locality or organization that owns or
is 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 who is not the owner of such the property, monument, or memorial
described in subsection A intentionally causes such injury as described in subsection A,
he is guilty of (i)
a Class 1 misdemeanor if the value of
or damage to the property, memorial, or monument is less than $1,000 or (ii) a
Class 6 felony if the value of
or damage to the property, memorial, or monument is $1,000 or more.
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 to
pay restitution.