The state bears the burden of proving the replacement cost of the damaged property. The damage amount for felony criminal damage to property is the cost of repair or replacement cost, whichever is less.

Cobrera 2013-NMSC-012, 300 P.3d 729.ĭetermining damage amount for felony criminal damage to property. Where defendant damaged household goods of defendant's estranged spouse and the state's evidence showed that the purchase price of the irreparably damaged items was greater than $1,000, there was sufficient evidence from which the jury could conclude that the replacement cost of the items was greater than $1,000.

The purchase price of an item was sufficient evidence of replacement cost. The replacement cost of irreparable items is an appropriate measure of the value of the items. For destruction of newspapers kept by county clerk, see 4-40-10 NMSA 1978.įor authority of conservation officers to enforce these provisions under emergency circumstances, see 17-2-19 NMSA 1978.įor polluting of water, see 30-8-2 NMSA 1978.įor destruction of cemetery property, see 30-12-13 NMSA 1978.įor criminal trespass, see 30-14-1 NMSA 1978.įor liability of parents for destruction of property by child, see 32A-2-27 NMSA 1978.įor flooding of highway, see 67-7-4 NMSA 1978.įor interference with or changing of water measuring devices, see 72-5-20 NMSA 1978.įor injury and interference with waterworks, see 72-8-1 and 72-8-3 NMSA 1978.įor interference with community ditches, see 73-2-64 NMSA 1978.įor injuring of survey marks, see 73-17-5 NMSA 1978.įor injuring of fence, see 77-16-10 NMSA 1978. Whoever commits criminal damage to property is guilty of a petty misdemeanor, except that when the damage to the property amounts to more than one thousand dollars ($1,000) he is guilty of a fourth degree felony. Criminal damage to property consists of intentionally damaging any real or personal property of another without the consent of the owner of the property.

Malicious mischief 1