12.1-21 Damaging Property or Public Services
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<![CDATA[CHAPTER 12.1-21DAMAGING PROPERTY OR PUBLIC SERVICES12.1-21-01. Arson. A person is guilty of arson, a class B felony, if he starts or maintainsa fire or causes an explosion with intent to destroy an entire or any part of a building or inhabited<br>structure of another or a vital public facility, or if he starts or maintains a fire or causes an<br>explosion with intent to destroy or damage his own real or personal property for the purpose of<br>collecting insurance for the loss.12.1-21-02. Endangering by fire or explosion.1.A person is guilty of an offense if he intentionally starts or maintains a fire or causes<br>an explosion and thereby recklessly:a.Places another person in danger of death or bodily injury;b.Places an entire or any part of a building or inhabited structure of another or a<br>vital public facility in danger of destruction; orc.Causes damage to property of another constituting pecuniary loss in excess of<br>two thousand dollars.2.The offense is a class B felony if the actor places another person in danger of death<br>under circumstances manifesting an extreme indifference to the value of human life.<br>Otherwise it is a class C felony.12.1-21-03. Failure to control or report a dangerous fire. A person who knows that afire which was started or maintained, albeit lawfully, by him or with his assent is endangering life<br>or a substantial amount of property of another is guilty of a class A misdemeanor if he willfully<br>fails either to take reasonable measures to put out or control the fire when he can do so without<br>substantial risk to himself or to give a prompt fire alarm.12.1-21-03.1. Negligent act resulting in fire - Penalty. It is unlawful for any person tonegligently cause a fire to be started in any part of any hotel, motel, roominghouse,<br>lodginghouse, or other place of public abode so as to endanger life or property in any way or to<br>any extent.1.The state fire marshal shall print and distribute copies of this section to all hotels,<br>motels, roominghouses, lodginghouses, and other places of public abode in this<br>state and such copies shall be conspicuously displayed in each room of every hotel,<br>motel, roominghouse, lodginghouse, and other place of public abode in this state.2.Violation of this section is a class B misdemeanor.12.1-21-04. Release of destructive forces.1.A person is guilty of a class B felony if he intentionally causes a catastrophe by any<br>means and is guilty of a class C felony if he does so willfully.2.A person is guilty of a class C felony if he willfully creates a risk of catastrophe,<br>although no fire, explosion, or other destruction results.3.A person who knowingly does an act which causes or which he knows is likely to<br>cause a catastrophe, or assents to the doing of such act, is guilty of a class C felony<br>if he willfully fails to take reasonable measures to prevent the catastrophe.Page No. 14.Catastrophe means serious bodily injury to ten or more people or substantial<br>damage to ten or more separate habitations or structures or property loss in excess<br>of five hundred thousand dollars.12.1-21-05. Criminal mischief.1.A person is guilty of an offense if that person:a.Willfully tampers with tangible property of another so as to endanger person or<br>property; orb.Willfully damages tangible property of another.2.The offense is:a.A class B felony if the actor intentionally causes pecuniary loss in excess of ten<br>thousand dollars.b.A class C felony if the actor intentionally causes pecuniary loss in excess of two<br>thousand dollars but not in excess of ten thousand dollars or damages tangible<br>property of another by means of an explosive or a destructive device.c.A class A misdemeanor if the actor recklessly causes pecuniary loss in excess<br>of two thousand dollars or if the actor intentionally causes pecuniary loss of<br>from one hundred dollars through two thousand dollars.Otherwise the offense is a class B misdemeanor.12.1-21-06. Tampering with or damaging a public service.1.A person is guilty of an offense if he causes a substantial interruption or impairment<br>of a public communication, transportation, supply of water, gas, power, or other<br>public service by:a.Tampering with or damaging the tangible property of another;b.Incapacitating an operator of such service; orc.Negligently damaging the tangible property of another by fire, explosive, or<br>other dangerous means.2.The offense is a class C felony if the actor engages in the conduct intentionally and a<br>class A misdemeanor if the actor engages in the conduct knowingly or recklessly.<br>Otherwise it is a class B misdemeanor.12.1-21-06.1. Interference with telephone during emergency call. A person is guiltyof an offense if that person removes, damages, or obstructs any telephone or telephone line or<br>any part or apparatus on the line, or severs any wire connected to the line, so as to interfere with<br>an emergency telephone call. The offense is a class C felony if it was done intentionally. The<br>offense is a class A misdemeanor if it was done knowingly or recklessly.12.1-21-07. Consent as a defense. Whenever in this chapter it is an element of theoffense that the property is of another, it is a defense to a prosecution under those sections that<br>the other has consented to the actor's conduct with respect to the property.12.1-21-08. Definitions. In this chapter:1."Inhabited structure" means a structure or vehicle:Page No. 2a.Where any person lives or carries on business or other calling;b.Where people assemble for purposes of business, government, education,<br>religion, entertainment, or public transportation; orc.Which is used for overnight accommodation of persons.Any structure or vehicle is deemed to be "inhabited" regardless of whether a person<br>is actually present. If a building or structure is divided into separately inhabited units,<br>any unit which is property of another constitutes an inhabited structure of another.2.Property is that "of another" if anyone other than the actor has a possessory or<br>proprietary interest therein.3."Vital public facility" includes a facility maintained for use as a bridge (whether over<br>land or water), dam, tunnel, wharf, communications installation, or power station.12.1-21-09. Tampering with, disabling, or falsely sounding a fire alarm - Tamperingwith or disabling fire suppression equipment.1.A person may not tamper with, disable, or falsely sound an alarm signifying a fire in<br>a hotel, motel, roominghouse, lodginghouse, or other place of public abode or in any<br>other public place so as to endanger person or property. A person does not violate<br>this subsection if that person sounds an alarm and has a reasonable belief there is a<br>fire endangering person or property.2.A person may not tamper with or disable fire suppression equipment in a hotel,<br>motel, roominghouse, lodginghouse, or other place of abode or in any other public<br>place so as to endanger person or property.3.A violation of this section is a class B misdemeanor.Page No. 3Document Outlinechapter 12.1-21 damaging property or public services]]>