Speak Up! - View Question #25217
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Question: Is smashing a cactus with a giant rock illegal? Because thats what my neighbor did to our cactus.
Smashing a cactus with a rock may be considered criminal damage under Arizona Revised Statutes 13-1602(A)(1). That statute states, "A person commits criminal damage by recklessly: (1) Defacing or damaging property of another person." If the cactus is worth less than $250.00, it is a class 2 misdemeanor, however, if the cactus is worth more than $250.00 and less than $2,000.00 then it is a class 6 felony.
Also, if the neighbor had to walk on your property to smash the cactus, it may be considered Trespassing in the First Degree under Arizona Revised Statutes 13-1504(A)(1), which states, "A person commits criminal trespass in the first degree by knowingly: (1) Entering or remaining unlawfully in a fenced residential yard." If the yard is not fenced, then it is Trespassing in the Third Degree under Arizona Revised Statutes 13-1502(A)(1). Trespass in the Third Degree is a class 3 misdemeanor, and Trespass in the First Degree is a class 1 misdemeanor.