104 the advantage or disadvantage of the government or any person, or "(iii) any tax stamp, tax token, tax meter imprint, or any other form of evidence of an obligation running to a state, for evidence of the discharge of such obligation. "82-8A2. Valuation "For the purposes of this chapter, whenever the value of property or services is determinative of the grading of an offense or otherwise relevant, the following rules shall apply: "(a) Except as otherwise provided, value means the market value of the property or services at the time and place of the offense, or if market value cannot be satisfactorily ascertained, the cost of replace. ment of the property or services within a reasonable time after the offense; "(b) The value of a writing which does not have a readily ascertainable market value is the amount due or collectible on such writing. In the case of a writing which creates, releases, discharges, or otherwise affects any valuable legal right, privilege, or obligation, the value is the greatest amount of economic loss which the owner of such writing might reasonably suffer by virtue of the loss of the writing; "(c) The value of a trade secret which does not have a readily ascertainable market value is any reasonable value representing the damage to the owner suffered by losing an advantage over those who do not know of or use the trade secret; "(d) The value of a slug is the value of the coin, bit, or token for which it is capable of being substituted; "(e) Amounts of value involved in conduct committed under one scheme or course of conduct, whether involving the same person or several persons, may be aggregated in determining the grade of the offense. "Sec. "Subchapter B.-Arson and Other Property Destruction "2-8B1. Aggravated Arson. "2-8B2. Arson. "2-8B3. Release of Destructive Forces. "2-8B4. Failure to Control or Report Dangerous Fire. "2-8B5. Aggravated Malicious Mischief. "2-8B6. Malicious Mischief. "§ 2-8B1. Aggravated Arson “(a) OFFENSE.—A person is guilty of aggravated arson if he intentionally starts, causes, or maintains a fire or explosion that damages any structure which is property of another in reckless disregard of the risk that at the time of such conduct a person may be in such structure. 1 2 3 4 5 6 7 8 9 105 "(b) DEFENSE PRECLUDED.-It is not a defense that no person is present in the structure. "(c) INCLUDED OFFENSES.-Arson, release of destructive forces, and failure to control or report dangerous fire are offenses included in aggravated arson, “(d) GRADING.—The offense is a Class B felony if the fire or explosion causes serious bodily injury to any person present in the structure. Otherwise it is a Class C felony. "(d) COMPOUND GRADING.-The offense is a Class A felony if the 10 following additional offense is committed: murder. 11 12 14 “(e) JURISDICTION.-Federal jurisdiction exists when the offense is committed within the jurisdiction defined in section 1-1A4 (64) (special 13 jurisdiction); section 1-1A4(53) (piracy jurisdiction); section 1-1A4 (12) (commerce jurisdiction); section 1-1A4 (24) (Federal property 15 jurisdiction); or section 1-1A4(69) (mails jurisdiction). If the offense is committed by means of an explosive or a destructive device, Federal jurisdiction also exists when the offense is committed within the jurisdiction defined in section 1-1A4(3) (affects commerce jurisdiction) or section 1-1A4(58) (receiving Federal financial assistance 20 jurisdiction). 16 17 18 19 21 "82-8B2. Arson "(a) OFFENSE.-A person is guilty of arson if he starts, causes, or 23 maintains a fire or explosion on his own property or property of 24 31 32 33 34 35 36 37 38 39 another: "(1) with intent to enable any person to collect insurance proceeds for loss caused by the fire or explosion; or “(2) in reckless disregard of the risk that his conduct will damage or destroy property of another. "(b) INCLUDED OFFENSE.-Failure to control or report dangerous fire is an offense included in arson. "(c) GRADING.-The offense defined in: "(1) subsection (a) (1) is a Class C felony; and "(2) subsection (a) (2) is a Class D felony. "(d) COMPOUND GRADING.-The offense is: "(1) a Class A felony if the following additional offense is committed: murder; or "(2) a Class B felony if the following additional offense is committed: maiming. “(e) JURISDICTION.-Federal jurisdiction exists when the offense is 40 committed within the jurisdiction defined in section 1-1A4 (64) (spe 106 1 2 3 cial jurisdiction); section 1-1A4(53) (piracy jurisdiction); section 11A4(12) (commerce jurisdiction); section 1-1A4(24) (Federal property jurisdiction); or section 1-1A4(69) (mails jurisdiction). If the 4 offense is committed by means of an explosive or a destructive device. 5 Federal jurisdiction also exists when the offense is committed within 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 35 the jurisdiction defined in section 1-1A4 (3) (affects commerce jurisdiction) or section 1-1A4 (58) (receiving Federal financial assistance jurisdiction). "§ 2-8B3. Release of Destructive Forces "(a) OFFENSE.-A person is guilty of an offense if he: “(1) intentionally causes a catastrophe by explosion, fire, flood, avalanche, collapse of a structure, release of poison, radioactive material, bacteria, virus, or other dangerous and difficult-to-confine force or substance; "(2) recklessly causes a catastrophe by explosion, fire, flood, avalanche, collapse of a structure, release of poison, radioactive material, bacteria, virus, or other dangerous and difficult-to-confine force or substance; or "(3) through criminal negligence creates a risk of catastrophe or fails to take reasonable measures to prevent a catastrophe, in fact, listed in paragraph (1) although no fire, explosion, or other catastrophe results. "(b) INCLUDED OFFENSE.-Aggravated malicious mischief may be an offense included in release of destructive forces. "(c) GRADING.-The offense defined in: "(1) subsection (a) (1) is a Class B felony; "(2) subsection (a) (2) is a Class C felony; and "(3) subsection (a) (3) is a Class D felony. "(d) DEFINITION.-As used in this section, 'catastrophe' means serious bodily injury to ten or more people, substantial damage to ten or more separate occupied structures, one structure occupied in ten or more separate units, or property loss in excess of $500,000. "(e) JURISDICTION.-Federal jurisdiction exists when the offense is 34 committed within the jurisdiction defined in section 1-1A4(64) (special jurisdiction); section 1-1A4(53) (piracy jurisdiction); section 1-1A4(12) (commerce jurisdiction); section 1-1A4(24) (Federal property jurisdiction); or section 1-1A4 (69) (mails jurisdiction). If the offense is committed by means of an explosive or a destructive device, Federal jurisdiction also exists when the offense is committed within the jurisdiction defined in section 1-1A4 (3) (affects commerce 36 37 38 39 40 107 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 jursdiction) or section 1-1A4 (58) (receiving Federal assistance "§ 2-8B4. Failure to Control or Report Dangerous Fire "(1) starts, causes, or maintains a fire or explosion and knowing that its spread would endanger human life or property of another, fails to take reasonable measures to put out or control the fire or to give a prompt fire alarm; "(2) knowing that a fire is endangering a substantial amount of property of another, as to which he has an official, contractual, or other legal duty, fails to take reasonable measures to put out or control the fire or to give a prompt fire alarm; or “(3) knowing that a fire is endangering human life, fails to take reasonable measures to save lives by notifying the persons endangered or by putting out or controlling the fire or by giving a prompt fire alarm. "(b) GRADING.-The offense is a Class E felony. "(c) COMPOUND GRADING.-The offense is: "(1) a Class A felony if the following additional offense is committed: murder; or "(2) a Class B felony if the following additional offense is committed: maiming. “(d) JURISDICTION.-Federal jurisdiction exists when the offense is 24 committed within the jurisdiction defined in section 1-1A4(64) (special jurisdiction); section 1-1A4(53) (piracy jurisdiction); section 1-1A4(12) (commerce jurisdiction); section 1-1A4 (24) (Federal property jurisdiction); or section 1-1A4(69) (mails jurisdiction). If the offense is committed by means of an explosive or a destructive device, Federal jurisdiction also exists when the offense is committed within the jurisdiction defined in section 1-1A4 (3) (affects commerce 31 jurisdiction) or section 1-1A4(58) (receiving Federal financial assistance jurisdiction). "§ 2-8B5. Aggravated Malicious Mischief “(a) OFFENSE.—A person is guilty of aggravated malicious mischief if he knowingly: "(1) damages or destroys property of another in an amount exceeding, in fact, $1,000 in value, having no reasonable ground to believe that he has a right to do so; "(2) damages or destroys property in an amount exceeding, in fact, $1,000 in value, with intent to enable any person to collect insurance proceeds for loss caused; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 108 "(3) damages, destroys, or tampers with property of a public safety agency or supplier of gas, electric, steam, water, transportation, sanitation, or communication services to the public, having no reasonable ground to believe that he has a right to do so, and by such conduct causes a substantial interruption or impairment of service rendered to the public; or "(4) damages, destroys, or tampers with property of another and by such conduct recklessly endangers human life. "(b) INCLUDED OFFENSE.-Malicious mischief is an offense included in aggravated malicious mischief. "(c) GRADING.-The offense is a Class B felony if the amount of the damage or destruction or the value of the service lost through interruption or impairment exceeds $50,000. Otherwise it is a Class C felony. "(d) COMPOUND GRADING.-The offense is: "(1) a Class A felony if the following additional offense is committed: murder; or "(2) a Class B felony if the following additional offense is committed: maiming. "(e) JURISDICTION.-Federal jurisdiction exists when the offense is committed within the jurisdiction defined in section 1-1A4(64) (special jurisdiction); section 1-1A4(53) (piracy jurisdiction); section 1-1A4(12) (commerce jurisdiction); section 1-1A4 (24) (Federal property jurisdiction); or section 1-1A4(69) (mails jurisdiction). If the offense is committed by means of an explosive or a destructive device, Federal jurisdiction also exists when the offense is committed within the jurisdiction defined in section 1-1A4 (3) (affects commerce jurisdiction) or section 1-1A4 (58) (receiving Federal financial assistance jurisdiction). "82-8B6. Malicious Mischief "(a) OFFENSE.-A person is guilty of malicious mischief if he: "(1) recklessly damages or destroys property of another, having no reasonable ground to believe that he has a right to do so; "(2) knowingly damages or destroys property in an amount exceeding, in fact, $100 in value, with intent to enable any person to collect insurance proceeds for loss caused; "(3) knowingly damages, destroys, or tampers with property of a public safety agency or supplier of gas, electric, steam, water, transportation, sanitation, or communication services to the public, having no reasonable ground to believe that he has a |