Husband (soon to be ex) is suspected of placing a hose through window of marital residence and flooding same.
(Because he was seen removing the hose ~45 minutes after witnesses saw hose, water standing in house and turned water off at the main.)
Property has not yet been divided, but temporary orders award home to wife until it can be sold. Is Criminal Mischief available for portion of property damage/loss sustained by wife?

Any case cite would be appreciated.

Sec. 28.05 in the TPC might be of assistance to you:

"It is no defense to prosecution under this chapter that the actor has an interest in the property damaged or destroyed if another person also has an interest that the actor is not entitled to infringe."

Gretchen
I refuse to tell you I could not find that. Thank you.

quote:

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Originally posted by Gretchen:
Sec. 28.05 in the TPC might be of assistance to you:

"It is no defense to prosecution under this chapter that the actor has an interest in the property damaged or destroyed if another person also has an interest that the actor is not entitled to infringe."

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Still a civil matter in most cases. Who determines what the " interest that the actor is not entitled to infringe" is ?

www.cop-talk.net

quote:

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Originally posted by TX-LEO:
Still a civil matter in most cases. Who determines what the " interest that the actor is not entitled to infringe" is ?
http://www.cop-talk.net

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Honestly, I would say that common sense would dictate this IE: vehicle registered to both parties/community property, etc.