708-823.5 Aggravated criminal property damage. (1) A person commits the offense of aggravated criminal property damage if the person by means other than fire:
(a) Intentionally damages the property of another without the other’s consent; and
(b) Has been convicted two or more times of an offense under section 708-822 or 708-823.
(2) For purposes of this section, “convicted two or more times” means that, at the time of the instant offense, the person had previously entered a plea of guilty or no contest or a judge or jury had previously returned a verdict of guilty against the person for two or more offenses committed on separate occasions.
(3) Aggravated criminal property damage is a misdemeanor.