Stealing, destroying or mutilating public records by one not custodian.

(1) (a) As used in this section, "public record" means the same as that term is defined in Section 76-8-412. (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section. (2) An actor commits stealing, destroying, or mutilating a public record by a noncustodian if the actor: (a) does not have lawful custody of a public record; and (b) steals, willfully destroys, mutilates, defaces, alters, falsifies, removes, or secrets the whole or a part of the public record or permits another individual to do so. (3) A violation of Subsection (2) is a class A misdemeanor.