                                 CODE OF VIRGINIA

DAMAGING OR DESTROYING RESEARCH FARM PRODUCT; PENALTY; RESTITUTION (§
18.2-145.1)

A. Any person or entity that (i) maliciously damages or destroys any farm
product, as defined in &#xA7; 3.2-4709, and (ii) knows the product is grown for
testing or research purposes in the context of product development in
conjunction or coordination with a private research facility or a baccalaureate
institution of higher education or any federal, state, or local government
agency is guilty of a Class 1 misdemeanor if the value of the farm product was
less than $1,000, or a Class 6 felony if the value of the farm product was
$1,000 or more.

B. The court shall order the defendant to make restitution in accordance with
&#xA7; 19.2-305.1 for the damage or destruction caused. For the purpose of
awarding restitution under this section, the court shall determine the market
value of the farm product prior to its damage or destruction and, in so doing,
shall include the cost of: (i) production, (ii) research, (iii) testing, (iv)
replacement, and (v) product development directly related to the product damaged
or destroyed.

HISTORY: 2001, cc. 547, 572; 2018, cc. 764, 765; 2020, cc. 89, 401.