Title V. Penal Code

Chapter 5. Crimes.

§ 513. Trespass to Chattels.

    1.    No person shall be convicted of trespass to chattels in the first degree unless it can be proven that he intentionally deprived the plaintiff of the partial value of some chattel without the plaintiff's consent.

    2.    No person shall be convicted of trespass to chattels in the second degree unless it can be proven that he recklessly deprived the plaintiff of the partial value of some chattel without the plaintiff's consent.

    3.    No person shall be convicted of trespass to chattels in the third degree unless it can be proven that he negligently deprived the plaintiff of the partial value of some chattel without the plaintiff's consent.

    4.    The value of a chattel involved in a trespass to chattels shall be the repair value.
            a.     for immovable property or services not intended for sale, the fair market value;
            b.     for movable property not intended for sale, the replacement value;
            c.     for property intended for sale, the intended sale price.

    5.    Trespass to chattels in
            a.     the first degree shall additionally be punished by damages of ten times the cost of repair or £40, whichever is greater.
            b.     the second degree shall additionally be punished by damages of six times the cost of repair or £24, whichever is greater.
            c.     the third degree shall additionally be punished by damages of three times the cost of repair, or £12, whichever is greater.

    6.    No additional damages other than the cost of repair shall be assessed if the defendant:
            a.     was unaware that the chattel was that of another; or
            b.     acted under an honest claim of right to the property or service involved or that the defendant had a right to damage as he did; or
            c.     damaged property exposed for sale, intending to purchase and pay for it promptly.

Chapter 5                 § 512                 § 514