South Australian Current Acts

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CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 85

85—Arson and other property damage

        (1)         A person who, without lawful excuse, by fire or explosives, damages property that is a building or motor vehicle (whether the property belongs to the person or to another)—

            (a)         intending to damage property; or

            (b)         being recklessly indifferent as to whether his or her conduct damages property,

is guilty of arson.

Maximum penalty: Imprisonment for life.

        (2)         A person who, without lawful excuse, damages (other than by fire or explosives) another's property that is a building or motor vehicle

            (a)         intending to damage property; or

            (b)         being recklessly indifferent as to whether his or her conduct damages property,

is guilty of an offence.

Maximum penalty: Imprisonment for 10 years.

        (3)         A person who, without lawful excuse, damages another's property (other than a building or motor vehicle)—

            (a)         intending to damage property; or

            (b)         being recklessly indifferent as to whether his or her conduct damages property,

is guilty of an offence.

Maximum penalty: Imprisonment for 10 years.

        (4)         A person who, without lawful excuse, threatens to damage another's property

            (a)         intending to arouse a fear that the threat will be, or is likely to be, carried out; or

            (b)         being recklessly indifferent as to whether such a fear is aroused,

is guilty of an offence.

Maximum penalty:

            (a)         for a basic offence—imprisonment for 5 years;

            (b)         for an aggravated offence (other than an offence to which paragraph (c) applies)—imprisonment for 7 years;

            (c)         for an offence aggravated by a threat to commit arson—imprisonment for 15 years.

        (5)         Subsection (4) applies to a threat directly or indirectly communicated by words (written or spoken) or by conduct, or partially by words and partially by conduct.



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