Tennessee § 54-1-134 - Vandalism of state highway structures.

§ 54-1-134. Vandalism of state highway structures.

As used in this subsection (a), “state highway structure” includes any state highway facility; building; bridge; overpass; tunnel; barricade; fence; wall; traffic control device; right-of-way; sign or marker of any nature whatsoever erected upon or maintained within or adjacent to a state highway or the state highway right-of-way by any authorized source or under the authority of the department; and letters or figures of any nature whatsoever on any sign, marker, barricade or fence. It is an offense for any person who is not authorized to construct or repair a state highway structure to knowingly carve upon, write, paint or otherwise mark upon, deface, rearrange, or alter any state highway structure. It is an offense for any person who is not authorized to construct or repair a state highway structure to knowingly, in any manner, destroy, damage, knock down, mutilate, mar, steal or remove any state highway structure. A violation of subdivision (a)(2) or (a)(3) is a Class A misdemeanor. Whenever any state highway structure described in this subsection (a) is damaged knowingly or negligently by any person, firm or corporation, the person, firm or corporation shall be liable for the damage to the state highway structure, to be recovered by a civil action in the name of the state. The civil action shall be instituted by the attorney general and reporter, whose duty it shall be to represent the state in the action. Any person who reports information to a law enforcement officer that leads to the apprehension and conviction of a person for a violation of this section shall receive a reward of two hundred fifty dollars ($250). The county where the conviction occurs shall provide the reward money from the proceeds of the fines collected under this section. The proceeds from the fines imposed for violations of this section shall be collected by the respective court clerks and then deposited in a dedicated county fund. The fund shall not revert to the county general fund at the end of a fiscal year but shall remain for the vandalism enforcement rewards established in subdivision (b)(1). Each county shall expend the funds generated by the fines provided for in this section by appropriation for the vandalism enforcement rewards. Excess funds, if any, may be expended for litter control programs on adoption of an appropriate resolution by the county legislative body. Acts 2004, ch. 514, § 1; 2013, ch. 472, § 1. Amendments. The 2013 amendment rewrote (a) which read: “(a)(1) It is an offense for any person who is not authorized to construct or repair a highway structure to knowingly carve upon, write, paint or otherwise mark upon, or in any manner destroy, mutilate, deface, mar, steal or remove any highway bridge, overpass, tunnel, fence, wall, traffic control device, sign or other public highway structure or building.“(2) A violation of subdivision (a)(1) is a Class A misdemeanor.” Effective Dates. Acts 2013, ch. 472, § 5. July 1, 2013. Cross-References. Penalty for Class A misdemeanor, § 40-35-111 .