02-0306-FT In the Interest of Mark H.K.: State v. Mark H.K.

By: dmc-admin//June 17, 2002//

By: dmc-admin//June 17, 2002//

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Mark H.K. appeals a dispositional order adjudicating him delinquent for criminal damage to property. He argues that the evidence that he urinated on post office property was insufficient to prove criminal damage to property. This court concludes that sec. 943.01(1) does not contemplate urination as damage because it requires only cleaning and not repair. Damage connotes more than impermanent, inconsequential soiling.

Accordingly, the order is reversed.

This opinion will not be published.

Dist III, Trempealeau County, Damon, J., Hoover, P.J.

Attorneys:

For Appellant: Eileen A. Hirsch, Madison

For Respondent: Peter P. Gierok, Whitehall

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