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.