Baton Rouge City Court  - Criminal Mischief

Criminal Mischief Lawyer

The listed Criminal Mischief charge below is an offense prosecuted in Baton Rouge City Court. It is a misdemeanor offense. Felonies are prosecuted in District Court. Mr. Barkemeyer is skilled and experienced at handling misdemeanors is Baton Rouge City Court. Contact him at (225) 964-6720 if you or somoene you know has a criminal charge in City Court.

Sec. 13:59. Criminal mischief.

(a)

Criminal mischief is the intentional performance of any of the following acts:

(1)

Tampering with any property of another, without the consent of the owner, with the intent to interfere with the free enjoyment of any right of anyone thereto, or with the intent to deprive anyone entitled thereto of the full use of the property; or

(2)

Giving of any false alarm of a fire or notice which would reasonably result in emergency response.

(3)

Driving of any tack, nail, spike or metal over one-half inch in length in any tree located on lands belonging to another, without the consent of the owner, or without the later removal of the object from the tree; or

(4)

The felling, topping, pruning of trees or shrubs within the right-of-way of the state, parish or city highway, street, road or other public property, without prior written approval of the secretary of the department of transportation and development or the director of the department of public works for the parish who supervises the office of highways of that department or his representative, provided prior written approval is not required for agents or employees of public utility companies in situations of emergencies where the person or property of others is endangered; or

(5)

Giving of any false report or complaint to a sheriff, deputy sheriff, police officer, constable or emergency medical service technician, firefighter, or any other officer of the law relative to the commission of, or attempt to commit a crime; or

(6)

Throwing any stone or any other missile in any street, avenue, alley, road or highway, or open space or public square, or enclosure, or throwing any stone or other missile from any place into any street, avenue, road, highway, alley, open space, public square or enclosure; or

(7)

Taking temporary possession of any part or parts of a place of business, or remaining in a place of business after the person in charge of such business or portion of such business has directed such person to leave the premises and to desist from the temporary possession of any part or parts of such business;

(8)

The communication to any person for the purpose of disrupting any public utility water service, when the communication causes any officer, employee or agent of the service reasonably to be placed in sustained fear for his or another person's safety, or causes the evacuation of a water service building, or causes any discontinuance of any water services;

(9)

Throwing any stone or any other missile in any street, avenue, alley, road, highway, open space, public square, or enclosure, or throwing any stone, missile, or other object from any place into any street, avenue, road, highway, alley, open space, public square, enclosure, or at any train, railway car, or locomotive; or

(10)

The discharging of any firearm at a train, locomotive, or railway car.

(11)

Placing graffiti upon immovable or movable property, whether publicly or privately owned, without the consent of the owner, by means of the use of spray paint, ink, marking pens containing a nonwater soluble fluid, brushes, applicators, or other materials for marking, scratching, or etching. "Graffiti" includes but is not limited to any sign, inscription, design, drawing, diagram, etching, sketch, symbol, lettering, name, or marking placed upon immovable or movable property in such a manner and in such a location as to deface the property and be visible to the general public.

(b)

Whoever commits the crime of criminal mischief shall be fined not more than five hundred dollars ($500.00) or imprisoned for not more than six (6) months, or both.

(City Code 1951, Title 13, § 45.2; Ord. No. 8118, § 1, 3-12-86; Ord. No. 8837, § 1, 1-11-89; Ord. No. 10751, § 1, 2, 10-23-96; Ord. No. 11682, § 2, 3-8-00)

State law reference— Similar provisions, R.S. 14:59.

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