Property damage or destruction

(1) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section. (2) An actor commits property damage or destruction if the actor under circumstances not amounting to arson or criminal mischief: (a) damages or destroys property with the intention of defrauding an insurer; or (b) intentionally damages, defaces, or destroys the property of another. (3) (a) (i) Except as provided in Subsection (3)(a)(ii), a violation of Subsection (2)(a) is a third degree felony. (ii) A violation of Subsection (2)(a) is a second degree felony if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $5,000. (b) A violation of Subsection (2)(b) is a: (i) second degree felony if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $5,000 in value; (ii) third degree felony if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $1,500 but is less than $5,000 in value; (iii) class A misdemeanor if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $500 but is less than $1,500 in value; and (iv) class B misdemeanor if the actor's conduct causes or is intended to cause pecuniary loss less than $500 in value. (4) In determining the value of damages under this section, or for computer crimes under Section 76-6-703, the value of any item, computer, computer network, computer property, computer services, software, or data includes the measurable value of the loss of use of the items and the measurable cost to replace or restore the items.