(a) The state or any county, city, town, or school district, or any person, corporation, or organization shall be entitled to recover damages in an amount not in excess of five thousand dollars ($5,000) in a court of competent jurisdiction from the parents of any minor under eighteen (18) years of age, living with a parent or legal guardian, who shall maliciously or willfully destroy, damage, or deface real, personal, or mixed property belonging to the state or county, city, town, or school district, or any person, corporation, or organization.
(b) This section does not apply to:
(1) Any destruction of property caused by a minor under eighteen (18) years of age who is in the custody of the Department of Human Services; or
(2) A minor younger than thirteen (13) years of age who defaces property with graffiti.
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