Damaging a highway or bridge.

(1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section. (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 (4), a violation of Subsection (2) is a third degree felony. (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.