76-6-101.   Definitions.
     For purposes of this chapter:
     (1) "Property" means any form of real property or tangible personal property which is capable of being damaged or destroyed and includes a habitable structure.
     (2) "Habitable structure" means any building, vehicle, trailer, railway car, aircraft, or watercraft used for lodging or assembling persons or conducting business whether a person is actually present or not.
     (3) "Property" is that of another, if anyone other than the actor has a possessory or proprietary interest in any portion thereof.
     (4) "Value" means:
     (a) The market value of the property, if totally destroyed, at the time and place of the offense, or where cost of replacement exceeds the market value; or
     (b) Where the market value cannot be ascertained, the cost of repairing or replacing the property within a reasonable time following the offense.
     (5) If the property damaged has a value that cannot be ascertained by the criteria set forth in Subsections (a) and (b) above, the property shall be deemed to have a value less than $300.

Amended by Chapter 291, 1995 General Session
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Last revised: Wednesday, October 08, 2008