18.2-145.1 - Damaging or destroying research farm product; penalty; restitution. - Virginia Statutes

§ 18.2-145.1. Damaging or destroying research farm product; penalty;restitution.

A. Any person or entity that (i) maliciously damages or destroys any farmproduct, as defined in § 3.2-4709 and (ii) knows the product is grown fortesting or research purposes in the context of product development inconjunction or coordination with a private research facility or a universityor any federal, state or local government agency is guilty of a Class 1misdemeanor if the value of the farm product was less than $200, or a Class 6felony if the value of the farm product was $200 or more.

B. The court shall order the defendant to make restitution in accordance with§ 19.2-305.1 for the damage or destruction caused. For the purpose ofawarding restitution under this section, the court shall determine the marketvalue of the farm product prior to its damage or destruction and, in sodoing, shall include the cost of: (i) production, (ii) research, (iii)testing, (iv) replacement and (v) product development directly related to theproduct damaged or destroyed.

(2001, cc. 547, 572.)