Section 352. Aggravated vandalism

Aggravated vandalism is punishable by a fine or imprisonment for a term not exceeding six years. In determining whether the vandalism is aggravated, particular weight shall be given to
  1. a.
    the nature and target of the vandalism, for example whether it targeted objects for common use or decoration, or of historical, national or religious value,
  2. b.
    whether the damage is extensive,
  3. c.
    whether it was motivated by the aggrieved person's skin colour, national or ethnic background, religion, life stance, homosexual orientation or impaired functional capacity, and
  4. d.
    whether it was committed on multiple occasions, by multiple persons acting together, or had a systematic or organised character.
Vandalism involving the destruction of an object of significant historical, national or religious value, or which involves very extensive destruction of property, is considered especially aggravated vandalism. The same applies to vandalism which leads to such destruction, loss of life or considerable harm to someone's body or health, or an obvious risk of such consequences. Especially aggravated vandalism is punishable by imprisonment for a term not exceeding 15 years.
Vandalism as specified in the first paragraph and which was perpetrated by gross negligence is punishable by a fine or imprisonment for a term not exceeding one year. Grossly negligent vandalism as specified in the second paragraph is punishable by a fine or imprisonment for a term not exceeding three years.