Am I missing something?...the crim misch statute 28.03 (h) says a SJF is committed if 1500 to 20G worth of damage is done AND the damage is at school. What is the purpose of this when 1500 to 20G is already a SJF no matter where it's done?

The graffiti statute gets me where I want to be on the case that brought this to mind...but I thought it was strange that the punishment range in crim misch specifically cites above as an exception to the punishment range...which seems to add an element but does not add to the punishment range?

And it also says in (f) that a community center where they give educational classes creates a location for a SJF crim misch even below $1500 worth of damage, wouldn't school fit under there, too? Or does the more specific section (h) completely remove schools from (f) and in that case, really mucked up the works?

quote:

---

Originally posted by suzannejost:
Am I missing something?...the crim misch statute 28.03 (h) says a SJF is committed if 1500 to 20G worth of damage is done AND the damage is at school. What is the purpose of this when 1500 to 20G is already a SJF no matter where it's done?

---

No purpose. We tried to point out the obvious to the legislative sponsor of that change (which is from several sessions ago), but the constituent who wanted the change insisted that it was necessary, so the change was pushed through and now it's in the law to stay. Completely redundant, as you point out, but some putz back in someone's senate district is happy.

thanks, Shannon.

Putz? Such strong language, so early in the day. Go get another cup of joe Shannon. I mean coffee.

I actually typed out "schmuck" but thought THAT was a bit too much--but then, I only know enough Yiddish to be dangerous.