KRS 512.020: Criminal mischief in the first degree.

(1) A person is guilty of criminal mischief in the first degree when:

(a) Having no right to do so or any reasonable ground to believe that he or she

has such right, he or she intentionally or wantonly:

1. Defaces, destroys, or damages any property causing pecuniary loss of

five hundred dollars ($500) or more;

2. Damages, possesses, or tampers with the operations of a key

infrastructure asset, as defined in KRS 511.100, in a manner that renders

the asset inoperable, in whole or in part, or renders the operation of the

asset harmful or dangerous;

3. As a tenant, defaces, destroys, or damages residential rental property

causing pecuniary loss of five hundred dollars ($500) or more; or

4. As a squatter, defaces, destroys, or damages real property causing

pecuniary loss of five hundred dollars ($500) or more; or

(b) He or she violates KRS 367.628(2)(a).

(2) Criminal mischief in the first degree is a Class D felony, unless:

(a) The offense occurs during a declared emergency as defined by KRS 39A.020

arising from a natural or man -made disaster, within the area covered by the

emergency declaration, and within the area impacted by the disaster, in which

case it is a Class C felony;

(b) For the first offense, if the defendant at any time prior to trial effects repair or

replacement of the defaced, destroyed, or damaged property, makes complete

restitution in the amount of the damage, or performs community service as

required by the co urt, in which case it is a Class B misdemeanor. The court

shall determine the number of hours of community service commensurate

with the total amount of monetary damage caused by or incidental to the

commission of the crime, of not less than sixty (60) hours; or

(c) For the second or subsequent offense, if the defendant at any time prior to trial

effects repair or replacement of the defaced, destroyed, or damaged property,

makes complete restitution in the amount of the damage, or performs

community service as required by the court, in which case it is a Class A

misdemeanor. The court shall determine the number of hours of community

service commensurate with the total amount of monetary damage caused by

or incidental to the commission of the crime, of not less than sixty (60) hours.