Section 145.05. Criminal mischief in the third degree

A person is guilty of criminal mischief in the third degree when, with
  intent  to  damage property of another person, and having no right to do
  so nor any reasonable ground to believe that he or she has  such  right,
  he or she:
    1.  damages the motor vehicle of another person, by breaking into such
  vehicle when it is locked with the  intent  of  stealing  property,  and
  within  the  previous  ten year period, has been convicted three or more
  times, in separate criminal transactions for which sentence was  imposed
  on  separate  occasions,  of  criminal  mischief in the fourth degree as
  defined in section 145.00, criminal mischief  in  the  third  degree  as
  defined  in  this  section,  criminal  mischief  in the second degree as
  defined in section 145.10, or criminal mischief in the first  degree  as
  defined in section 145.12 of this article; or
    2.  damages  property  of  another  person  in an amount exceeding two
  hundred fifty dollars.
    Criminal mischief in the third degree is a class E felony.