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    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.

    Answer:

    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.


    Comments
    1 thru 3 of 3 comments    [ 1 ]   
    On 05/30/09
    Jimmy from KS said:
    Even the cactus gets in trouble.
    On 05/28/09
    Alex from NC said:
    What does the neighbor have against your cactus?
    On 05/27/09
    kiki from CA said:
    That is very horrible of the person to smash up one of your belongings like that.
    1 thru 3 of 3 comments    [ 1 ]   



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