Malicious mischief 2nd degree9/4/2023 ![]() Testimony by the owner of the property as to their opinion of the value of the property, without proof, is not sufficient to prove the value of the property. Damage to property means all injuries, which one may sustain with respect to that person's ownership of personal property. ![]() However, it can also refer to some loss, injury, or harm that results from the unlawful act, omission, or negligence of another. The Court has found that damage frequently means depreciation in value, whether the depreciation is caused by a wrongful or a lawful act. ![]() Therefore, without criminal trespass, there cannot be criminal damage to property in the second degree. In addition, criminal trespass is actually a lesser-included offense of criminal damage to property in the second damage.
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