Criminal Mischief; Punished

(a)A violation of subsections

(b)or

(d)of § 34.50 is a third degree felony.

(b)A violation of subsection

(a)of § 34.50 is a third degree felony if the defendant’s conduct causes or is intended to cause pecuniary loss in excess of Five Hundred Dollars ($500.00), a misdemeanor if the defendant’s conduct causes or is intended to cause pecuniary loss in excess of Fifty Dollars ($50.00), and a petty misdemeanor if the defendant’s conduct causes or is intended to cause pecuniary loss in excess of Twenty-four Dollars ($24.00). Otherwise, criminal mischief is a violation.

(c)Any adult convicted under subsection

(c)of § 34.50, Title 9, Guam Code Annotated, is guilty of a misdemeanor punishable by imprisonment for not less than a mandatory forty-eight

(48)hours nor more than one year and a fine of two hundred fifty dollars ($250.00) for the first offense, five hundred dollars ($500.00) for the second offense and one thousand dollars ($1000.00) for each subsequent offense.

(1)In the case of a minor, the parents or the legal guardian shall be jointly and severally liable with the minor for the payment of all fines. Failure of the parents or legal guardian to make payment will result in the filing of a lien on the parents’ or legal guardian’s property to include the fine and court costs. Upon an application and finding of indigence, the court may decline to order fines against the minor or parents.

(2)In addition to any punishment listed in subsection (c), the court shall order any violator to make restitution to the victim for damages or loss caused directly or indirectly by the defendant’s CH. 34 ARSON, NEGLIGENT BURNING, CRIMINAL MISCHIEF offense in the amount or manner determined by the court. Furthermore, the person or if a minor, his or her parents, shall re-paint or refurbish the property so damaged, destroyed, removed, or defaced at such person’s expense, under the supervision of the affected property owner or a court representative. The person shall also perform a minimum of one hundred eighty

(180)hours but not to exceed three hundred sixty

(360)hours of community service. Parents or legal guardians of any minor found to have violated this subsection shall also be responsible for providing supervision as well as paying for the fine if the minor is unable to do so.

(d)The court may order that any person punished under § 34.60(c) or § 34.70, Title 9, Guam Code Annotated, who is to be punished by imprisonment, shall be confined on days other than days of regular employment of the person, or on days other than school days if the defendant is a minor, as determined by the court.