76-8-419. Damaging a highway or bridge.
(1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-8-101
(2) An actor commits damaging a highway or bridge if the actor intentionally, knowingly, or recklessly digs up, removes, displaces, breaks, or otherwise damages or destroys a public highway or private way laid out by authority of law, or a bridge upon the highway or private way.
(3) Except as provided in Subsection, a violation of Subsectionis a third degree felony. (4) (2)
(4) If the violation of this section constitutes an offense subject to a greater penalty under another provision of this title, than is provided under this section, this section does not prohibit the prosecution and sentencing for the offense subject to a greater penalty.