Criminal Law Code as at 1st March 2007 140 Malicious damage to property Any person who, knowing that another person is entitled to own, possess or control any property or realising that there is a real risk or possibility that another person may be so entitled, damages or destroys the property⎯ (a) intending to cause such damage or destruction; or (b) realising that there is a real risk or possibility that such damage or destruction may result from his or her act or omission; shall be guilty of malicious damage to property, and liable to⎯ (i) a fine not exceeding level fourteen or not exceeding twice the value of the property damaged as a result of the crime, whichever is the greater; or (ii) imprisonment for a period not exceeding twenty-five years; or both. 141 Negligently causing serious damage to property Any person who, knowing that another person is entitled to own, possess or control any property or realising that there is a real risk or possibility that another person may be so entitled, seriously damages or destroys the property, being grossly negligent in causing such damage or destruction, shall be guilty of negligently causing serious damage to property, and liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both. 142 Damage by co-owners, spouses and partners It shall not be a defence to a charge of malicious damage to property or negligently causing serious damage to property that the person charged was a co-owner of the property that forms the subject of the charge, whether the co-ownership arises through marriage or a partnership or otherwise, if the damaging of the property was not authorised by any agreement between the person and his or her co-owner, spouse or partner: Provided that no prosecution shall be instituted against a spouse for damaging property belonging to the other spouse or that forms part of the spouses’ joint estate, unless the AttorneyGeneral has authorised such a prosecution. 143 Aggravating circumstances in relation to malicious damage to property or negligently causing serious damage to property It shall be an aggravating circumstance if⎯ (a) the damage or destruction that constitutes the crime of malicious damage to property or negligently causing serious damage to property⎯ (i) is caused by the use of fire or explosives; or (ii) causes injury or involves a risk of injury to persons in or near the property concerned; or (iii) occasions considerable material prejudice to the person entitled to own, possess or control the property damaged or destroyed; or - 83 -