B. Subject to the orders of the juvenile court, a juvenile hearing officer may hear and determine juvenile pretrial detention hearings and may process, adjudicate, and dispose of all cases that are not classified as felonies and in which a juvenile who is under eighteen years of age on the date of the alleged offense is charged with violating any law relating to the following:
6. The damage or disfigurement of property by graffiti or the purchase or possession of materials with the intent to use the materials for graffiti.
A. In addition to the grounds for mandatory suspension or revocation provided for in chapters 3, 4 and 5 of this title, the department shall immediately suspend the driver license or privilege to drive or refuse to issue a driver license or privilege to drive of a person who commits an offense while under eighteen years of age as follows:
3. Until the person's eighteenth birthday on receiving the record of the person's conviction for a violation of section 13-1602, subsection A, paragraph 1 or section 13-1604, subsection A involving the damage or disfigurement of property by graffiti.
5. Until the person's eighteenth birthday on receiving the record of the person's conviction for a violation of any statute or ordinance involving the purchase or possession of materials used for graffiti.
(a) Every person who maliciously commits any of the following acts with respect to any real or personal property not his or her own, in cases other than those specified by state law, is guilty of vandalism:
(1) Defaces with graffiti or other inscribed material.
(2) Damages.
(3) Destroys.
Whenever a person violates this subdivision with respect to real property, vehicles, signs, fixtures, or furnishings belonging to any public entity, as defined by Section 811.2 of the Government Code, or the federal government, it shall be a permissive inference that the person neither owned the property nor had the permission of the owner to deface, damage, or destroy the property.
(b) (1) If the amount of defacement, damage, or destruction is four hundred dollars ($400) or more, vandalism is punishable by imprisonment in the state prison or in a county jail not exceeding one year, or by a fine of not more than ten thousand dollars ($10,000), or if the amount of defacement, damage, or destruction is ten thousand dollars ($10,000) or more, by a fine of not more than fifty thousand dollars ($50,000), or by both that fine and imprisonment.
(c) (1) Upon conviction of any person under this section for acts of vandalism consisting of defacing property with graffiti or other inscribed materials, the court may, in addition to any punishment imposed under subdivision (b), order the defendant to clean up, repair, or replace the damaged property himself or herself, or, if the jurisdiction has adopted a graffiti abatement program, order the defendant, and his or her parents or guardians if the defendant is a minor, to keep the damaged property or another specified property in the community free of graffiti for up to one year. Participation of a parent or guardian is not required under this subdivision if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children.
(d) If a minor is personally unable to pay a fine levied for acts prohibited by this section, the parent of that minor shall be liable for payment of the fine. A court may waive payment of the fine, or any part thereof, by the parent upon a finding of good cause.
(e) As used in this section, the term "graffiti or other inscribed material" includes any unauthorized inscription, word, figure, mark, or design, that is written, marked, etched, scratched, drawn, or painted on real or personal property.
(f) The court may order any person ordered to perform community service or graffiti removal pursuant to paragraph (1) of subdivision (c) to undergo counseling.
(g) This section shall become operative on January 1, 2002.
(a) (1) It shall be unlawful for any person, firm, or corporation, except a parent or legal guardian, to sell or give or in any way furnish to another person, who is in fact under the age of 18 years, any aerosol container of paint that is capable of defacing property without first obtaining bona fide evidence of majority and identity.
(b) It shall be unlawful for any person under the age of 18 years to purchase an aerosol container of paint that is capable of defacing property.
(c) Every retailer selling or offering for sale in this state aerosol containers of paint capable of defacing property shall post in a conspicuous place a sign in letters at least three-eighths of an inch high stating: "Any person who maliciously defaces real or personal property with paint is guilty of vandalism which is punishable by a fine, imprisonment, or both."
(d) It is unlawful for any person to carry on his or her person and in plain view to the public an aerosol container of paint while in any posted public facility, park, playground, swimming pool, beach, or recreational area, other than a highway, street, alley, or way, unless he or she has first received valid authorization from the governmental entity which has jurisdiction over the public area. As used in this subdivision, "posted" means a sign placed in a reasonable location or locations stating it is a misdemeanor to possess a spray can of paint in that public facility, park, playground, swimming pool, beach, or recreational area without valid authorization.
(e) (1) It is unlawful for any person under the age of 18 years to possess an aerosol container of paint for the purpose of defacing property while on any public highway, street, alley, or way, or other public place, regardless of whether that person is or is not in any automobile, vehicle, or other conveyance.
(a) Every person who possesses a masonry or glass drill bit, a carbide drill bit, a glass cutter, a grinding stone, an awl, a chisel, a carbide scribe, an aerosol paint container, a felt tip marker, or any other marking substance with the intent to commit vandalism or graffiti, is guilty of a misdemeanor.
(c) For the purposes of this section:
(1) "Felt tip marker" means any broad-tipped marker pen with a tip exceeding three-eighths of one inch in width, or any similar implement containing an ink that is not water soluble.
(2) "Marking substance" means any substance or implement, other than aerosol paint containers and felt tip markers, that could be used to draw, spray, paint, etch, or mark.
(a) Any person convicted of possession of a destructive implement with intent to commit graffiti or willfully affixing graffiti under Section 594.2, 640.5, 640.6, or 640.7, where the offense was committed when he or she was under the age of 18 years, shall perform not less than 24 hours of community service during a time other than his or her hours of school attendance or employment. One parent or guardian shall be present at the community service site for at least one-half of the hours of community service required under this section unless participation by the parent, guardian, or foster parent is deemed by the court to be inappropriate or potentially detrimental to the child.
(a) For purposes of this chapter, a writing shall include any graffiti consisting of written words, insignia, symbols, or any other markings which convey a particular meaning.
(b) Any writing described in Subdivision (a), or any photograph thereof, may be admitted into evidence in an action for vandalism, for the purpose of proving that the writing was made by the defendant.
(c) The admissibility of any fact offered to prove that the writing was made by the defendant shall, upon motion of the defendant, be ruled upon outside the presence of the jury and is subject to the requirements of Sections 1416, 1417, and 1418.
(a) The legislative body of a city, county, or city and county may provide for the summary abatement of any nuisance resulting from the defacement of the property of another by graffiti or any other inscribed material at the expense of a minor creating, causing, or committing the nuisance and by ordinance may make the expense of abatement of the nuisance a lien against property of the minor and a personal obligation against the minor pursuant to Section 38773.2 or 38773.6.
(b) The parent or guardian having custody and control of the minor shall be jointly and severally liable with the minor. The legislative body of a city, county, or city and county may make the expense of abatement of any nuisance resulting from the defacement by a minor of the property of another by graffiti or any other inscribed material a lien against the property of a parent or guardian having custody and control of the minor and a personal obligation against the parent or guardian having custody and control of the minor pursuant to Section 38773.2 or 38773.6.
(c) Notwithstanding any other provision of law, the names and addresses of the parent or guardian having custody and control of the minor, if known, shall be reported by the probation officer of the county to the city clerk or other official designated by the legislative body of the city, county, or city and county in which the defaced property is located.
(d) As used in this section, the following terms have the following meanings:
(1) "Expense of abatement" includes, but is not limited to, court costs, attorney’s fees, costs of removal of the graffiti or other inscribed material, costs of repair and replacement of defaced property, and the law enforcement costs incurred by the city, county, or city and county in identifying and apprehending the minor.
(2) "Graffiti or other inscribed material" means any unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, or painted on any real or personal property.
(a) The legislative body of a city, county, or city and county may, by ordinance, establish a procedure to collect abatement and related administrative costs incurred in the summary abatement of any nuisance resulting from the defacement by a minor or other person of the property of another by graffiti or any other inscribed material. The ordinance shall require notice to the minor or other person prior to the recordation of a lien on the parcel of land owned by the minor or other person. The ordinance shall require notice to the parent or guardian having custody and control of the minor prior to the recordation of a lien on the parcel of land owned by the parent or guardian having custody and control of the minor.
(b) The notice shall be served in the same manner as a summons in a civil action pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the minor or other person, after diligent search, cannot be found, the notice may be served by posting a copy of the notice upon the property owned by the minor or other person, in a conspicuous place, for a period of 10 days. The notice shall also be published pursuant to Section 6062 in a newspaper of general circulation that is published in the county in which the property is located. If the parent or guardian having custody and control of the minor, after diligent search, cannot be found, the notice may be served by posting a copy of the notice upon the property owned by the parent or guardian having custody and control of the minor, in a conspicuous place, for a period of 10 days. The notice shall also be published pursuant to Section 6062 in a newspaper of general circulation that is published in the county in which the property is located.
(c) A graffiti nuisance abatement lien shall be recorded in the county recorder's office in the county in which the parcel of land is located. From the date of recording, the lien shall have the force, effect, and priority of a judgment lien.
(d) A graffiti nuisance abatement lien authorized by this section shall specify the amount of the lien; the name of the agency on whose behalf the lien is imposed; the date of the abatement order; the street address, legal description, and assessor's parcel number of the parcel on which the lien is imposed; and the name and address of the recorded owner of the parcel.
(e) If the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in subdivision (d) shall be recorded by the governmental agency. A graffiti nuisance abatement lien and the release of the lien shall be indexed in the grantor-grantee index.
(f) A graffiti nuisance abatement lien may be satisfied through foreclosure in an action brought by the city.
(g) Notwithstanding Section 6103, Section 27383, or any other provision of law, the county recorder may impose a fee on the city, county, or city and county to reimburse the costs of processing and recording the lien and providing notice to the property owner. The city, county, or city and county may recover from the property owner any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien.
(h) As used in Subdivision (a), "abatement and related administrative costs" include, but are not limited to, court costs; attorney's fees; costs of removal of the graffiti or other inscribed material; costs of repair and replacement of defaced property; and the law enforcement costs incurred by the city, county, or city and county in identifying and apprehending the minor or other person.
(i) The terms "graffiti or other inscribed material," "minor," and "other person" have the same meaning as specified in Section 38772.
(a) As an alternative to the procedure specified in Section 38773.2, the legislative body of a city, county, or city and county may, by ordinance, establish a procedure for the abatement of any nuisance resulting from the defacement by a minor or other person of property of another by graffiti or other inscribed material and make the abatement and related administrative costs a special assessment against a parcel of land owned by the minor or other person or by the parent or guardian having custody and control of the minor. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection, and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the abatement and related administrative costs relate has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon prior to the date on which the first installment of the taxes would become delinquent, then the abatement and related administrative costs shall not result in a lien against the real property but shall instead be transferred to the unsecured roll for collection. Notices or instruments relating to the abatement proceeding or special assessment may be recorded.
(b) The terms "abatement and related administrative costs," "graffiti or other inscribed material," "minor," and "other person" have the same meaning as specified in Sections 38772 and 38773.2.
(a) A city, county, or city and county may enact an ordinance to provide for the use of city or county funds to remove graffiti or other inscribed material from publicly or privately owned real or personal property located within the city, county, or city and county and to replace or repair public or privately owned property within that city, county, or city and county that has been defaced with graffiti or other inscribed material that cannot be removed cost effectively.
(b) The ordinance shall authorize only the removal of the graffiti or other inscribed material itself, or, if the graffiti or other inscribed material cannot be removed cost effectively, the repair or replacement of the portion of the property that was defaced, and not the painting, repair, or replacement of other parts of the property that were not defaced.
(c) (1) The removal, repair, or replacement may be performed, in the case of publicly owned real or personal property, only after securing the consent of the public entity having jurisdiction over the property and, in the case of privately owned real or personal property, only after securing the consent of the owner or possessor.
(2) The law enforcement agency with primary jurisdiction in a city, county, or city and county that enacts an ordinance pursuant to this section may promulgate procedures for preremoval preservation of sufficient evidence of the graffiti or other inscribed material for criminal prosecutions or proceedings pursuant to Section 602 of the Welfare and Institutions Code pertaining to the person or persons who inscribed the graffiti or other material. These procedures shall be followed by the city, county, or city and county prior to or during removal of graffiti or other inscribed material.
(d) (1) If a city enacts an ordinance pursuant to this section, the city may also enact an ordinance to establish a procedure pursuant to Section 38772, 38773, 38773.1, 38773.2, 38773.5, or 38773.6 to recover city funds used pursuant to this section to remove graffiti or other inscribed material from publicly or privately owned real or personal property within the city.
(2) If a county enacts an ordinance pursuant to this section, the county may enact an ordinance to establish a procedure pursuant to Section 25845 to recover county funds used pursuant to this section to remove graffiti or other inscribed material from publicly or privately owned real or personal property within the county.
(3) As used in this section, "city or county funds" include, but are not limited to, court costs; attorney's fees; costs of removal of the graffiti or other inscribed material; costs of repair and replacement of defaced property; costs of administering and monitoring the participation of a defendant and his or her parents or guardians in a graffiti abatement program; and the law enforcement costs incurred by the city or county in identifying and apprehending the person who created, caused, or committed the graffiti or other inscribed material on the publicly or privately owned permanent real or personal property within the city or county.
(e) As used in this section, "graffiti or other inscribed material" includes any unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, or painted on any real or personal property.
(f) This section does not preclude the abatement of graffiti or other inscribed material as a nuisance pursuant to Section 25845 or 38773.5 or the enactment or enforcement of any criminal law with respect to nuisance.
Unless the context requires otherwise, as used in this division, the following terms shall have the following meanings:
(g) "Graffiti abatement" means the power to prevent graffiti on public or private property, receive reports of graffiti on public or private property, provide rewards not to exceed one thousand dollars ($1,000) for information leading to the arrest and conviction of persons who apply graffiti on public or private property, abate graffiti as a public nuisance pursuant to Section 731 of the Code of Civil Procedure, remove graffiti from public or private property, and use the services of persons ordered by a court to remove graffiti.
(Top)(1) In addition to those powers granted by sections 30-11-101 and 30-11-107 and by parts 1, 2, and 3 of this article, the board of county commissioners has the power to adopt ordinances for control or licensing of those matters of purely local concern which are described in the following enumerated powers:
(d.5) To discourage juvenile delinquency through the imposition of curfews applicable to juveniles, the restraint and punishment of loitering by juveniles, and the restraint and punishment of defacement of, including the affixing of graffiti to, buildings and other public or private property by juveniles by means that may include restrictions on the purchase or possession of graffiti implements by juveniles. The board of county commissioners, when enacting an ordinance to carry out the powers granted by this paragraph (d.5), may make it unlawful for a retailer to sell graffiti implements to juveniles but shall not dictate the manner in which the retailer displays graffiti implements. For purposes of this paragraph (d.5), "juvenile" means a juvenile as defined in section 19-2-103 (10), C.R.S., and "graffiti implement" means an aerosol paint container, a broad-tipped marker, a gum label, a paint stick or graffiti stick, or etching equipment.
(Top)(a) A person is guilty of the act of graffiti when the person damages public or private real or personal property without the permission of the owner by knowingly, purposely or recklessly drawing, painting or making any significant mark or inscription thereon.
(b)(1) The penalty for a first offense of the act of graffiti shall be a mandatory fine of not less than $200 nor more than $1,000, the first $200 of which shall not be suspendable, plus restitution for the damages to the property and 200 hours of community service, at least half of which shall be served removing graffiti on public property.
(2) For second and subsequent offenses, the nonsuspendable portion of the fine shall increase to $500, and the hours of community service shall increase to 400.
(Top)For the purposes of Sections 22-3312.01 through 22-3312.05, the term:
(1) "Abate" means to effectively remove.
(2) "Department" means the Department of Public Works.
(3) "Director" means the Director of the Department of Public Works.
(4) "Graffiti" means an inscription, writing, drawing, marking, or design that is painted, sprayed, etched, scratched, or otherwise placed on structures, buildings, dwellings, statues, monuments, fences, vehicles, or other similar materials that are on public or private property without the consent of the owner, manager, or agent in charge of the property, and the graffiti is visible from a public right-of-way.
(5) "Graffiti material" means any aerosol can, bottle, spray device or other mechanism designed to dispense paint or a similar substance under pressure, indelible marker, paint stick, adhesive label, and engraving device capable of leaving a visible mark on a natural or man-made surface.
(6) "Minor" means a person less than 18 years of age.
(7) "Nuisance" means any building, sign, or other structure, or premises which, because of graffiti, may encourage more graffiti, increase criminal activity in the surrounding areas, or create an impression of social and economic decline.
(8) "Owner of a sign" shall include the person in charge, possession, or control of the sign.
(9) "Public or private property" shall include any building, bridge, fence or other structure, any street, alley, sidewalk, or other vehicular or pedestrian right-of-way, any article of street furniture, lamppost, bus shelter, newspaper box, or trash receptacle, any tree, rock, or other natural fixture, any utility or public service equipment, or any other personal property located outdoors, whether publicly or privately owned.
(10) "Sign" means a name, identification, description, display, or illustration which is affixed to, or represented directly or indirectly upon a building, structure, or piece of land and which directs attention to an object, product, place, activity, person, institution, organization, or business.
(a) Any person applying graffiti on public or private property shall have the duty to abate the graffiti within 24 hours after notice by the Director, the Chief of Police, or the private owner of the property involved. Abatement shall be done in a manner prescribed by the Director. Any person applying the graffiti shall be responsible for the abatement or payment for the abatement. When graffiti is applied by a minor, the parents or legal guardian shall also be responsible for the abatement or payment for the abatement if the minor is unable to pay.
(b) Subject to the availability of annual appropriations for that purpose, the Mayor shall provide graffiti removal services to abate graffiti on public property. The Mayor shall provide, subject to appropriations, graffiti removal services for the abatement of graffiti on private property that is visible from the public right-of-way without charge to the property owner if the property owner first executes a waiver of liability in the form prescribed by the Mayor.
(c) Whenever any building, sign, or other structure, or premises within the District are determined by the Mayor to have become a nuisance because of graffiti and the property owner fails to accept the Mayor’s graffiti removal services after the Mayor has attempted in good faith to obtain consent and a waiver of liability from the owner for such services, the Mayor may serve the owner of the building, sign, or other structure, or premises a notice of nuisance abatement in writing, in the form set forth in subsection (e) of this section. The notice shall be served on the owner by personal delivery or by certified mail, but if graffiti is found on a sign and the owner of the sign cannot be found, or his whereabouts cannot be ascertained, notice may be attached to the sign.
(d) (1) The property owner may dispute the Mayor’s determination through an adjudication by mail or at an administrative hearing on the grounds that:
(A) The inscription, writing, drawing, marking, or design that the Mayor has determined to constitute graffiti is on the property with the owner’s consent;
(B) The graffiti has been removed at the owner’s expense; or
(C) The owner has filed a waiver of liability consenting to receive, without charge, the Mayor’s graffiti removal services.
(2) A request for an adjudication by mail shall include a written statement signed by the owner of the property setting forth facts relevant to establishing a defense to the Mayor’s determination and any documentary evidence which supports the owner’s defense.
(3) Upon the owner’s failure to remove the graffiti, file a waiver of liability consenting to receive, without charge, the Mayor’s graffiti removal services, or submit to the Mayor a written request for a hearing or an adjudication by mail to dispute the Mayor’s determination that the property identified in the notice has become a nuisance because of graffiti, either by mail, courier, or in person, within 60 days of the date of the personal delivery, certified mailing, or attachment to a sign of the notice, the Mayor, or the Mayor’s agents or contractors, may enter or access the property specified in the notice and abate the nuisance by removing or concealing the graffiti.
(4) Upon receipt of a timely request for a hearing or an adjudication by mail, the Mayor shall designate a hearing officer who shall conduct the hearing or adjudication by mail within 30 days of receiving the request.
(5) Upon a hearing officer’s finding that the property has become a nuisance because of graffiti and that the property owner has failed to establish any of the defenses listed in paragraph (1) of this subsection, the Mayor, or the Mayor’s agents or contractors, may enter or access the property specified in the notice and abate the nuisance by removing or concealing the graffiti.
(6) Whenever the Mayor, or the Mayor’s agents or contractors, abates graffiti pursuant to this subsection, the Mayor may assess the costs of the graffiti abatement, including all administrative, personnel, and material expenses, against the owner of the property upon which the graffiti was abated. The Mayor shall bill the owner for these costs. If the owner fails to pay the bill within 30 days from the date of the bill, the bill shall be considered unpaid.
(e) The notice served pursuant to this section shall state the following:
"Notice of Nuisance Abatement
"Pursuant to sections 22-3312.01 through 22-3312.05 of the District of
Columbia Code, the District of Columbia has determined that the property at
the following address [describe property (for example, building, sign) and insert
address] has become a nuisance because of graffiti located [describe where on
the structure or structures the graffiti marks are located] on this property.
Unless you remove the graffiti, file a waiver of liability consenting to receive,
without charge, graffiti removal services from the Mayor, or submit to the Mayor
a written request for a hearing or an adjudication by mail to contest the Mayor’s
determination within 60 days of the date of the personal delivery, certified
mailing, or attachment to a sign of this notice, you will be deemed to have
given permission to the Mayor’s agent or contractor to enter and access the
specified property and utilize the means they determine appropriate to remove
or conceal the graffiti at the specified location. If you request a hearing
or an adjudication by mail, you may contest the determination that your property
has become a nuisance, on the grounds that: (1) the inscription, writing, drawing,
marking or design that the Mayor has determined to constitute graffiti is on
the property with your consent; (2) the graffiti has been removed at your expense;
or (3) you have filed a waiver of liability consenting to receive, without charge,
graffiti removal services from the Mayor. This constitutes notice that the Mayor,
or the Mayor’s agent or contractor, shall work on as much of the structure as
necessary to remove or conceal the graffiti, and that none of the individuals
or organizations participating in this activity shall be responsible for removing
or concealing the graffiti expressly to your satisfaction."
(f) In no case shall the agency or organization performing abatement under subsection (b) of this section be required to clean, paint, or repair any area more extensive than where the graffiti is located.
(g) (1) There is established a Graffiti Trust Fund separate from the General Fund of the District of Columbia.
(2) Fines collected as penalties under Section 22-3312.04 shall be deposited in the Graffiti Trust Fund, along with any monetary donations or in-kind services and materials received from persons wishing to contribute to the fund.
(3) The Mayor shall direct expenditures of monies and services from the fund. The expenditures shall be limited to payment of the cost of graffiti abatement (including paint, equipment, and materials necessary to abate graffiti), the operation of a anti-graffiti hotline, and rewards limited to $50 for information leading to the conviction of violators of the provisions of Sections 22-3312.01 through 22-3312.05.
(a) Any person who violates any provision of Section 22-3312.01 shall be fined not less than $250 or more than $1,000, or imprisoned for a period not to exceed 180 days, or both. Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of Section 22-3312.01, pursuant to the Litter Control Administrative Act of 1985.
(b) Any person who violates any provision of Section 22-3312.02 or 22-3312.03 shall be guilty of a misdemeanor punishable by a fine not to exceed $500, or imprisonment not to exceed 180 days, or both.
(c) In addition to the penalties provided in subsection (a) of this section, a person convicted of violating any provision of Section 22-3312.01 may be required to perform community service as provided in Section 16-712.
(d) Any person who willfully places graffiti on property without the consent of the owner shall be subject to the sanctions in subsection (a) of this section.
(e) Any person who willfully possesses graffiti material with the intent to place graffiti on property without the consent of the owner shall be fined not less than $100 or more than $1,000.
(f) In addition to any fine or sentence imposed under this section, the court shall order the person convicted to make restitution to the owner of the property, or to the party responsible for the property upon which the graffiti has been placed, for the damage or loss caused, directly or indirectly, by the graffiti, in a reasonable amount and manner as determined by the court.
(g) The District of Columbia courts shall find parents or guardians civilly liable for all fines imposed or payments for abatement required if the minor cannot pay within a reasonable period of time established by the court.
(Top)As used in this chapter, the term "graffiti" means any inscriptions, words, figures, paintings, or other defacements that are written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of real property or improvements thereon without prior authorization of the owner or occupant of the property by means of any aerosol paint container, broad-tipped marker, gum label, paint stick, graffiti stick, etching equipment, brush, or other device capable of scarring or leaving a visible mark on any surface.
(a) In order to provide a form of compensation by the state to innocent victims of criminal trespass in violation of Code Section 16-7-21 or criminal damage to property in the second degree in violation of Code Section 16-7-23, either of which crime involved the unlawful placement of graffiti upon private property by a person who was not the owner of such property, the Board of Corrections or any political subdivision of this state may authorize the use of labor by inmates from any penal institution or jail under its authority to remove or obliterate such unlawfully placed graffiti when such graffiti is visible from any public road or other public property. Any such authorization and related supervision of inmates shall be a discretionary function within the meaning of paragraph (2) of Code Section 50-21-24 for purposes of sovereign immunity, and the sovereign immunity of neither the state nor any political subdivision thereof is waived for any loss arising out of such authorization or related supervision of inmates. The Board of Corrections shall provide rules and regulations governing such use of labor by inmates from institutions under its jurisdiction.
(b) No graffiti removal program operated by any political subdivision of this state shall charge any fee to any property owner or operator for removal of graffiti from such property.
(Top)Subject to general law, each county shall have the following powers and shall be subject to the following liabilities and limitations:
(24) (C) Each county may impose civil fines upon any person who places graffiti on any real or personal property owned, managed, or maintained by the county. The fine may be up to $1,000 or may be equal to the actual cost of having the damaged property repaired or replaced. The parent or guardian having custody of a minor who places graffiti on any real or personal property owned, managed, or maintained by the county shall be jointly and severally liable with the minor for any civil fines imposed hereunder. Any such fine may be administratively imposed after an opportunity for a hearing under Chapter 91, but such a proceeding shall not be a prerequisite for any civil fine ordered by any court. As used in this subparagraph, "graffiti" means any unauthorized drawing, inscription, figure, or mark of any type intentionally created by paint, ink, chalk, dye, or similar substances.
(a) The parents or legal guardians of a minor child shall be jointly and severally liable for graffiti damage caused by the minor to real or personal property, whether publicly or privately owned. As used in this section, "graffiti" means any unauthorized drawing, inscription, figure, or marking created by paint, ink, chalk, dye, or similar substances.
(b) In addition to any other lawful orders, if a minor is found under Chapter 571 to have committed an act constituting graffiti, the court may order the minor, the parents, or the legal guardians of the minor to pay the actual cost of having the damaged property repaired or replaced and may order the minor to perform community service. If the court orders payment for the actual cost of the damage, the court shall give due consideration to the financial resources of the minor, the parents, or the legal guardians of the minor to ensure that they will be able to pay the costs of the damage. If the court determines that the minor, the parents, or the legal guardians of the minor are unable to pay the actual cost of the damage, the court may order payment in an amount for which they are able to pay or in a manner in which they are able to pay and may order the minor to perform community service work in an amount commensurate with the costs of the damage for which they are unable to pay.
(c) Nothing in this section shall affect the right of any person to maintain a civil action arising out of graffiti damage to property.
(Top)No person shall purposely or knowingly vandalize, deface or otherwise damage the property of another by painting, writing, drawing, or otherwise inscribing thereon in any fashion that which is commonly known as graffiti. Graffiti includes any form of painting, writing, or inscription regardless of the content or the nature of the materials used which is applied to any public or private surface without the consent of the owner of the property. Every person who is convicted of a violation of the provisions of this section is guilty of a misdemeanor.
(Top)A county board may ban graffiti within the county, except within the corporate limits of a municipality, and may establish penalties.
(Top)"Graffiti" means any unauthorized inscription, work, figure, or design that is marked, etched, scratched, drawn, or painted on a component of any building, structure, or other facility.
Sec. 2. (a) A person who:
(1) recklessly, knowingly, or intentionally damages or defaces property of another person without the other person’s consent; or
(2) knowingly or intentionally causes another to suffer pecuniary loss by deception
or by an expression of intention to injure another person or to damage the property
or to impair the rights of another person;
commits criminal mischief, a Class B misdemeanor.
(c) If a person is convicted of an offense under this section that involves the use of graffiti, the court may, in addition to any other penalty, order that the person’s operator’s license be suspended or invalidated by the bureau of motor vehicles for not more than one (1) year.
(d) The court may rescind an order for suspension or invalidation under subsection (c) and allow the person to receive a license or permit before the period of suspension or invalidation ends if the court determines that:
(1) the person has removed or painted over the graffiti or has made other suitable restitution; and
(2) the person who owns the property damaged or defaced by the criminal mischief or institutional criminal mischief is satisfied with the removal, painting, or other restitution performed by the person.
(a) This section applies if a child is a delinquent child under IC 31-37-1 due to the commission of a delinquent act that, if committed by an adult, would be criminal mischief or institutional criminal mischief under IC 35-43-1-2 that involves the use of graffiti.
(b) The juvenile court may, in addition to any other order or decree the court makes under this chapter, order the bureau of motor vehicles to:
(1) suspend the child’s operator’s license; or
(2) invalidate the child’s learner’s permit;
for one (1) year beginning the date of the order.
A. Criminal mischief is the intentional performance of any of the following acts:
(10) Placing graffiti upon immovable or movable property, whether publicly or privately owned, without the consent of the owner, by means of the use of spray paint, ink, marking pens containing a nonwater soluble fluid, brushes, applicators, or other materials for marking, scratching, or etching. "Graffiti" includes but is not limited to any sign, inscription, design, drawing, diagram, etching, sketch, symbol, lettering, name, or marking placed upon immovable or movable property in such a manner and in such a location as to deface the property and be visible to the general public.
B. Whoever commits the crime of criminal mischief shall be fined not more than five hundred dollars, or be imprisoned for not more than six months in the parish jail, or both.
(a) Prohibited. -- A person may not willfully and maliciously destroy, injure, or deface the real or personal property of another.
(b) Penalty -- Property damage of at least $500. -- A person who, in violation of this section, causes damage of at least $500 to the property is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $2,500 or both.
(c) Same -- Property damage of less than $500. -- A person who, in violation of this section, causes damage of less than $500 to the property is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 60 days or a fine not exceeding $500 or both.
(d) Same -- Restitution for graffiti. --
(1) For purposes of this subsection, an act of "graffiti" means a permanent drawing, permanent painting, or a permanent mark or inscription on the property of another without the permission of the owner of the property.
(2) In addition to the penalties set forth in subsections (b) and (c) of this section, the court shall order a person convicted of causing malicious destruction by an act of graffiti to pay restitution or perform community service or both.
(3) Title 11, Subtitle 6 of the Criminal Procedure Article applies to an order of restitution under this subsection.
(e) Aggregation of damages. --
(1) Except as provided in paragraph (2) of this subsection, to determine a penalty, the court may consider as one crime the aggregate value of damage to each property resulting from one scheme or continuing course of conduct.
(2) If separate acts resulting in damage to the properties of one or more owners are set forth by separate counts in one or more charging documents, the separate counts may not be merged for sentencing.
(f) Value of damages. --
(1) The value of damage is not a substantive element of a crime under this section and need not be stated in the charging document.
(2) The value of damage shall be based on the evidence and that value shall be applied for the purpose of imposing the penalties established in this section.
(3) If it cannot be determined from the evidence whether the value of the damage to the property is more or less than $500, the value is deemed to be less than $500.
(d) Acts of graffiti. -- In making a disposition on a finding that a child at least 13 years old has committed an act of graffiti under § 6-301(d) of the Criminal Law Article, the court shall order the child to perform community service or pay restitution or both.
(a) Any person who shall willfully and maliciously destroy, injure, deface
or molest any real or personal property of another shall be deemed guilty of
a misdemeanor.
(b) If the amount of damage to the property defaced, destroyed, injured, or
molested has a value of less than $300, the person who violates this section,
on conviction, is subject to a fine not exceeding $500 or imprisonment not exceeding
60 days or both.
(c) If the amount of damage to the property defaced, destroyed, injured, or
molested has a value of $300 or more, the person who violates this section,
on conviction, is subject to a fine not exceeding $2,500 or imprisonment not
exceeding 3 years or both.
(d) (1) Except as provided in paragraph (2) of this subsection, two or more
acts committed in violation of this section pursuant to one scheme or continuing
course of conduct, whether from the same or several acts upon the property of
one or several property owners, may be considered as one offense and the value
of damage to the various properties may be aggregated in determining the penalty.
(2) If separate acts resulting in damage to the properties of one or several
owners are set forth by separate counts within the same or separate charging
documents, the separate counts may not be merged for sentencing.
(e) (1) The value of damage is not a substantive element of an offense under
this section and need not be set forth in the charging document.
(2) Notwithstanding paragraph (1) of this subsection, a determination
of valuation of damage shall be made based on the evidence and applied for the
purpose of imposing the penalties established in this section.
(3) If it cannot be determined from the evidence
(f) (1) For the purposes of this section, an act of "graffiti" means
a violation of this section by permanent drawing, permanent painting, or making
of any permanent mark or inscription on the real or personal property of another
without the permission of the owner of the real or personal property.
(2) In addition to the penalties provided in subsections (b) and (c) of this
section, a person who violates this section by committing an act of graffiti
shall be ordered to pay restitution or perform community service or both.
In making a disposition on a finding that a child at least 13 years old has
committed a violation under § 111 of this article by committing an act of graffiti
as defined in § 111(f)(1) of this article, the court shall order the child to
perform community service or pay restitution or both.
Subdivision 1. Definition. For purposes of this section, "graffiti" means unauthorized markings of paint, dye, or other similar substance that have been placed on real or personal property such as buildings, fences, transportation equipment, or other structures, or the unauthorized etching or scratching of the surfaces of such real or personal property, any of which markings, scratchings, or etchings are visible from premises open to the public.
Subd. 2. Cause of action. An action for damage to property caused by graffiti may be brought by the owner of public or private property on which graffiti has been placed. Damages may be recovered for three times the cost of restoring the property, or the court may order a defendant to perform the work of restoring the property. Damages may be recovered from an individual who placed graffiti on public or private real or personal property or from the parent of a minor individual. The liability of the parent is limited to the amount specified in section 540.18. The court may award attorney fees and costs to a prevailing plaintiff.
(Top)1. Except as otherwise provided in this section, if a child is adjudicated delinquent for the unlawful act of placing graffiti on or otherwise defacing public or private property owned or possessed by another person in violation of NRS 206.125; or 206.330, the juvenile court may:
(a) If the child possesses a driver's license, issue an order suspending the driver's license of the child for at least 90 days but not more than 2 years; or
(b) If the child does not possess a driver's license and the child is or will be eligible to receive a driver's license within the 2 years immediately following the date of the order, issue an order prohibiting the child from receiving a driver's license for a period specified by the juvenile court which must be at least 90 days but not more than 2 years:
(1) Immediately following the date of the order, if the child is eligible to receive a driver's license; or
(2) After the date the child will be eligible to receive a driver's license, if the child is not eligible to receive a license on the date of the order.
2. If the child is already the subject of a court order suspending or delaying the issuance of his driver's license, the juvenile court shall order the additional suspension or delay, as appropriate, to apply consecutively with the previous order.
As used in this chapter, "graffiti" means any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn, painted on, or affixed to the public or private property, real or personal, of another, which defaces the property.
1. Unless a greater penalty is provided by law, a person who knowingly vandalizes, places graffiti on, defaces, or otherwise damages:
(a) Any church, synagogue, or other building, structure, or place used for religious worship or other religious purpose;
(b) Any cemetery, mortuary, or other facility used for the purpose of burial or memorializing the dead;
(c) Any school, educational facility, or community center;
(d) The grounds adjacent to, and owned or rented by, any institution, facility, building, structure, or place described in paragraph (a), (b), or (c); or
(e) Any personal property contained in any institution, facility, building, structure, or place described in paragraph (a), (b), or (c) is guilty of a gross misdemeanor. In addition to any other penalty, the court shall order the person to pay restitution for the damage.
2. A person who is paid money for restitution pursuant to subsection 1 shall use the money to repair or restore the property that was damaged.
1. Unless a greater criminal penalty is provided by a specific statute, a person who places graffiti on or otherwise defaces the public or private property, real or personal, of another, without the permission of the owner:
(a) Where the value of the loss is less than $250, is guilty of a misdemeanor.
(b) Where the value of the loss is $250 or more but less than $5,000, is guilty of a gross misdemeanor.
(c) Where the value of the loss is $5,000 or more or where the damage results in the impairment of public communication, transportation, or police and fire protection, is guilty of a category E felony and shall be punished as provided in NRS 193.130.
2. If a person commits more than one offense pursuant to a scheme or continuing course of conduct, the value of all property damaged or destroyed by that person in the commission of those offenses may be aggregated for the purpose of determining the penalty prescribed in subsection 1.
3. A person who violates subsection 1 shall, in addition to any other fine or penalty imposed:
(a) For the first offense, perform not less than 50 hours, but not more than 99 hours, of community service.
(b) For the second offense, perform not less than 100 hours, but not more than 199 hours, of community service.
(c) For the third and each subsequent offense, perform not less than 200 hours of community service. The community service assigned pursuant to this subsection must, if possible, be related to the abatement of graffiti.
4. The parent or legal guardian of a person under the age of 18 years who violates this section is liable for all fines and penalties imposed against the person. If the parent or legal guardian is unable to pay the fine and penalties resulting from a violation of this section because of financial hardship, the court may require the parent or legal guardian to perform community service.
5. If a person who is 18 years of age or older is found guilty of violating this section, the court may issue an order suspending the driver's license of the person for a period not to exceed 6 months in addition to any other penalty imposed. If such an order is issued, the court shall require the person to surrender all driver's licenses then held by the person. If the person does not possess a driver's license, the court may issue an order prohibiting the person from applying for a driver's license within the 6 months immediately following the date of the order. The court shall, within 5 days after issuing the order, forward to the Department of Motor Vehicles any licenses together with a copy of the order.
6. The Department of Motor Vehicles:
(a) Shall not treat a violation of this section in the manner statutorily required for a moving traffic violation.
(b) Shall report the suspension of a driver's license pursuant to this section to an insurance company or its agent inquiring about the person's driving record. An insurance company shall not use any information obtained pursuant to this paragraph for purposes related to establishing premium rates or determining whether to underwrite the insurance.
7. A criminal penalty imposed pursuant to this section is in addition to any civil penalty or other remedy available pursuant to another statute for the same conduct.
8. As used in this section, "impairment" means the disruption of ordinary and incidental services, the temporary loss of use, or the removal of the property from service for repair of damage.
1. The board of county commissioners shall remove or cover all evidence that graffiti has been placed on any real or personal property which it owns or otherwise controls within 15 days after it discovers the graffiti or as soon as practicable.
2. The board of county commissioners may bring an action against a person responsible for placing graffiti on the property of the county to recover a civil penalty and damages for the cost of removing or covering the graffiti placed on such property.
(Top)I. A person is guilty of criminal threatening when:
(a) By physical conduct, the person purposely places or attempts to place another in fear of imminent bodily injury or physical contact; or
(b) The person places any object or graffiti on the property of another with a purpose to coerce or terrorize any person;
(Top)5. In addition to any other penalty imposed by the court, any juvenile adjudicated delinquent for an offense which, if committed by an adult, would constitute criminal mischief pursuant to N.J.S.2C:17-3, attempting to put another in fear of bodily violence pursuant to section 1 of P.L.1981, c.282 (C.2C:33-10), or defacement of private property pursuant to section 2 of P.L.1981, c.282 (C.2C:33-11), involving an act of graffiti, may be required either to pay to the owner of the damaged property monetary restitution in the amount of pecuniary damage caused by the act of graffiti or to perform community service, which shall include removing the graffiti from the property, if appropriate. If community service is ordered, it shall be for either not less than 20 days or not less than the number of days necessary to remove the graffiti from the property.
6. Instead of or in addition to any other disposition ordered by the court under section 24 of P.L.1982, c.77 (C.2A:4A-43) for an initial act of graffiti committed by a person at leas t 13 and under 18 years of age, the court, considering the factors provided in paragraph (17) of subsection b. of section 24 of P.L.1983, c.77 (C.2A:4A-43), may suspend or postpone for one year that person’s right to operate a motor vehicle including a motorized bicycle. In the case of a person who at the time of the imposition of sentence is less than 17 years of age, the period of the suspension of driving privileges authorized herein, including a suspension of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of one year after the day the person reaches the age of 17 years. If the driving privilege of any person is under revocation, suspension, or postponement for a violation of any provision of this Title or Title 39 of the Revised Statutes at the time of any conviction or adjudication of delinquency for a violation of any offense defined in this section, the revocation, suspension, or postponement period imposed herein shall commence as of the date of termination of the existing revocation, suspension, or postponement.
A second or subsequent offense may result in the suspension or postponement of the person’s right to operate a motor vehicle for two years. If a second or subsequent offense occurs during a period when the person has had this right suspended or postponed, the person’s right to operate a motor vehicle may be suspended or postponed for an additional two years to run consecutively.
The governing body of any municipality may, by ordinance, provide for the offering of rewards not exceeding $500.00 each, for the detection and apprehension of any person guilty of purposely or knowingly damaging tangible property of another by an act of graffiti in violation of N.J.S. 2C:17-3. A reward is to be payable after conviction out of those funds of the municipality made available therefore. The reward shall be paid to any person who the governing body, acting upon the recommendation of the municipal chief of police or other principal municipal law enforcement officer, may deem entitled thereto, but no reward shall be paid to any public employee whose duty it is to investigate or to enforce the law or to the employee’s spouse, child or parent, living in the same household.
For the purposes of this act, "act of graffiti" means the drawing, painting or the making of any inscription on a bridge, building, public transportation vehicle, rock, wall, sidewalk, street or other exposed surface on public or private property without the permission of the owner.
c. A person convicted of an offense of criminal mischief that involves an act of graffiti may, in addition to any other penalty imposed by the court, be required to pay to the owner of the damaged property monetary restitution in the amount of the pecuniary damage caused by the act of graffiti and to perform community service, which shall include removing the graffiti from the property, if appropriate. If community service is ordered, it shall be for either not less than 20 days or not less than the number of days necessary to remove the graffiti from the property.
d. As used in this section:
(1) "Act of graffiti" means the drawing, painting, or making of any mark or inscription on public or private real or personal property without the permission of the owner.
(2) "Spray paint" means any paint or pigmented substance that is in an aerosol or similar spray container.
A person is guilty of a crime of the third degree if he purposely, knowingly, or recklessly puts or attempts to put another in fear of bodily violence by placing on private property of another a symbol, an object, a characterization, an appellation, or graffiti that exposes another to threats of violence. A person shall not be guilty of an attempt unless his actions cause a serious and imminent likelihood of causing fear of unlawful bodily violence.
A person convicted of an offense under this section that involves an act of graffiti may, in addition to any other penalty imposed by the court, be required either to pay to the owner of the damaged property monetary restitution in the amount of the pecuniary damage caused by the act of graffiti or to perform community service, which shall include removing the graffiti from the property, if appropriate. If community service is ordered, it shall be for either not less than 20 days nor less than the number of days necessary to remove the graffiti from the property.
A person is guilty of a crime of the fourth degree if he purposely defaces or damages, without authorization of the owner or tenant, any private premises or property primarily used for religious, educational, residential, memorial, charitable, or cemetery purposes, or for assembly by persons for purpose of exercising any right guaranteed by law or by the Constitution of this State or of the United States by placing thereon a symbol, an object, a characterization, an appellation, or graffiti that exposes another to threat of violence.
A person convicted of an offense under this section that involves an act of graffiti may, in addition to any other penalty imposed by the court, be required either to pay to the owner of the damaged property monetary restitution in the amount of pecuniary damage caused by the act of graffiti or to perform community service, which shall include removing the graffiti from the property, if appropriate. If community service is ordered, it shall be for either not less than 20 days or not less than the number of days necessary to remove the graffiti from the property.
a. Any person who purposely, knowingly, or recklessly defaces, damages, obstructs, removes, or otherwise impairs the operation of any railroad crossing warning signal or protection device, including, but not limited to safety gates, electric bell, electric sign, or any other alarm or protection system authorized by the Commissioner of Transportation, which is required under the provisions of R.S. 48:12-54 or R.S. 48:2-29, or any other railroad property or equipment, other than administrative buildings, offices, or equipment, shall, for a first offense, be guilty of a crime of the fourth degree; however, if the defacement, damage, obstruction, removal, or impediment of the crossing warning signal or protection device, property, or equipment recklessly causes bodily injury or pecuniary loss of $ 2000 or more, the actor is guilty of a crime of the third degree, or if it recklessly causes a death or serious bodily injury, the actor is guilty of a crime of the second degree.
b. A person convicted of a violation of this section that involves an act of graffiti may, in addition to any other penalty imposed by the court, be required to pay to the owner of the damaged property monetary restitution in the amount of the pecuniary damage caused by the act of graffiti and to perform community service, which shall include removing the graffiti from the property, if appropriate. If community service is ordered, it shall be for either not less than 20 days or not less than the number of days necessary to remove the graffiti from the property. As used in this section, "act of graffiti" means the drawing, painting, or making of any mark or inscription on public or private real or personal property without the permission of the owner.
a. The governing body of every municipality may make, amend, repeal, and enforce ordinances to prohibit acts of graffiti on buildings, structures, and other exposed surfaces located within the municipality and to require the owner of a building, structure, or other exposed surface located in the municipality to remove graffiti.
b. For the purposes of this section, "graffiti" means any drawing, painting, or making of any mark or inscription on public or private real or personal property without the prior written permission of the owner of the property.
c. (1) An ordinance requiring an owner to remove graffiti shall provide that the owner of record of the property shall be entitled to written notice of the order to remove graffiti and that the notice shall be delivered to the owner by certified and regular mail. The order shall afford the owner the opportunity to remove the graffiti within 90 days from the date that the notice is sent; however, the Department of Transportation shall be afforded 120 days from the date a notice is sent to remove graffiti from property owned by the department.
(2) The notice to remove graffiti shall contain a form to be utilized by a property owner to inform the municipality that the graffiti has been removed. The form shall contain a provision stating that by affixing a signature to the form, indicating that graffiti has been removed, the owner is certifying that the facts set forth therein are true and that the certification shall be considered as if made under oath and subject to the same penalties as provided by law for perjury.
(3) An owner who has been ordered to remove graffiti shall respond to the municipality by personal delivery or by certified mail:
(a) of any objection to the order, within 30 days of the date of the order, or
(b) of notice that the graffiti has been removed, within 90 days of the date of the order, or in the case of the Department of Transportation, within 120 days of the date of the order.
d. An owner who objects to an order to remove graffiti, pursuant to paragraph (3) of subsection c. of this section, may institute an action challenging the order before a court of competent jurisdiction within 60 days of the date of the order.
e. If a property owner does not undertake the removal of graffiti within 90 days of the date of the order, or in the case of the Department of Transportation, within 120 days of the date of the order, unless an action challenging the order to remove graffiti is still pending pursuant to subsection d. of this section, the municipality may remove the graffiti from that property and present the property owner with a detailed itemization of the costs incurred by the municipality, by certified and regular mail, for reimbursement from the property owner.
f. Whenever a municipality undertakes the removal of graffiti from any building, structure, or other exposed surface, the governing body of the municipality, in addition to assessing the cost of removal as a municipal lien against the premises, may enforce the payment of such assessment, together with interest, as a debt of the owner of the property and may authorize the institution of an action at law for the collection thereof. The Superior Court shall have jurisdiction of any such action.
(Top)A. Graffiti consists of intentionally and maliciously defacing any real or personal property of another with graffiti or other inscribed material inscribed with ink, paint, spray paint, crayon, charcoal or the use of any object without the consent or reasonable ground to believe there is consent of the owner of the property.
B. Whoever commits graffiti to real or personal property when the damage to the property is one thousand dollars ($1,000) or less is guilty of a petty misdemeanor and shall be required to perform a mandatory one hundred hours of community service within a continuous six-month period immediately following his conviction and shall be required to make restitution to the property owner for the cost of damages and restoration.
C. Whoever commits graffiti to real or personal property when the damage to the property is greater than one thousand dollars ($1,000) is guilty of a fourth degree felony and shall be required to perform a mandatory one hundred sixty hours of community service within a continuous eight-month period immediately following his conviction and shall be required to provide restitution to the property owner for the cost of damages and restoration as a condition of probation or following any term of incarceration as a condition of parole.
D. When a single occurrence of graffiti is committed by more than one individual, the court may apportion the amount of restitution owed by each offender in accordance with each offender’s degree of culpability.
(Top)1. For purposes of this section, the term "graffiti" shall mean the etching, painting, covering, drawing upon or otherwise placing of a mark upon public or private property with intent to damage such property.
2. No person shall make graffiti of any type on any building, public or private, or any other property real or personal owned by any person, firm or corporation or any public agency or instrumentality, without the express permission of the owner or operator of said property.
Making graffiti is a class A misdemeanor.
A person is guilty of possession of graffiti instruments when he possesses any tool, instrument, article, substance, solution or other compound designed or commonly used to etch, paint, cover, draw upon or otherwise place a mark upon a piece of property which that person has no permission or authority to etch, paint, cover, draw upon or otherwise mark, under circumstances evincing an intent to use same in order to damage such property.
Possession of graffiti instruments is a class B misdemeanor.
When a person is convicted of an offense defined in section 145.60 or 145.65 of this chapter, or of an attempt to commit such offense, and the sentence imposed by the court for such conviction includes a sentence of probation or conditional discharge, the court shall, where appropriate, include as a condition of such sentence the defendant’s successful participation in a graffiti removal program pursuant to paragraph (h) of subdivision two of section 65.10 of this chapter.
(Top)A. A municipal governing body may cause graffiti to be removed from property within the municipal limits in accordance with the following procedures:
1. The property owner and the tenant, if any, may give their written consent to the municipality authorizing removal of the graffiti. By giving such written consent, the owner and the tenant each waives the right to notice and a hearing by the municipality as otherwise required by this section;
2. If the consent of the property owner and the tenant, if any, to remove graffiti from the property cannot be obtained, the municipality may remove the graffiti without such consent pursuant to the procedures set forth in this section;
F. Nothing in this section shall prohibit the municipal governing body from enacting ordinances concerning the removal of graffiti that are more strict than this section.
G. For the purposes of this section:
2. "Graffiti" means, without limitation, any letter, word, name, number, symbol, slogan, message, drawing, picture, writing, or other mark of any kind visible to the public that is drawn, painted, chiseled, scratched or etched on a rock, tree, wall, bridge, fence, gate, building or other structure; provided, this definition shall not include advertising or any other letter, word, name, number, symbol, slogan, message, drawing, picture, writing, or other mark of any kind lawfully placed on property by an owner of the property, a tenant of the property, or by an authorized agent for such owner or tenant;
(Top)(1) The court shall impose community service as a condition of a probation sentence when a person is convicted of criminal mischief and the conduct engaged in consists of defacing property by creating graffiti unless the sentence includes incarceration in a county jail or a state correctional institution.
(2) The community service must include removing graffiti, either those that the defendant created or those created by another, or both.
(3) If the defendant does not consent to donate labor as required by Section 137.128, the period of community service must be served under the supervision and control of the Department of Corrections.
As used in Sections 137.131, 164.381 to 164.386, and 419C.461:
(1) "Graffiti" means any inscriptions, words, figures, or designs that are marked, etched, scratched, drawn, painted, pasted, or otherwise affixed to the surface of property.
(2) "Graffiti implement" means paint, ink, chalk, dye, or other substance or any instrument or article designed or adapted for spraying, marking, etching, scratching, or carving surfaces.
(1) A person commits the offense of unlawfully applying graffiti if the person, having no right to do so nor reasonable ground to believe that the person has such right, intentionally damages property of another by applying graffiti to the property.
(2) Unlawfully applying graffiti is a Class A violation. Upon a conviction for unlawfully applying graffiti, a court, in addition to any fine it imposes and pursuant to Section 137.128 but notwithstanding Section 137.129, may order the defendant to perform up to 100 hours of community service. The community service must include removing graffiti, either those that the defendant created or those created by another, or both.
(3) If the court orders community service, the community service must be completed within six months after entry of the order unless the person shows good cause why community service cannot be completed within the six-month time period.
(1) A person commits the offense of unlawfully possessing a graffiti implement if the person possesses a graffiti implement with the intent of using the graffiti implement in violation of Section 164.383.
(2) Unlawfully possessing a graffiti implement is a Class C violation. Upon a conviction for unlawfully possessing a graffiti implement, a court, in addition to any fine it imposes and pursuant to Section 137.128 but notwithstanding Section 137.129, may order the defendant to perform up to 50 hours of community service. The community service must include removing graffiti, either those that the defendant created or those created by another, or both.
(3) If the court orders community service, the community service must be completed within six months after entry of the order unless the person shows good cause why community service cannot be completed within the six-month time period.
The provisions of Sections 137.131, 164.381 to 164.386, and 419C.461 are not intended to preempt any local regulation of graffiti or graffiti-related activities or any prosecution under Section 164.345, 164.354, or 164.365.
(1) When a youth offender has been found to be within the jurisdiction of the juvenile court for having committed an act that if committed by an adult would constitute a violation of Section 164.383 or 164.386 or criminal mischief and the act consisted of defacing property by creating graffiti, the court, in addition to any other disposition, may order the youth offender to perform:
(a) Personal service, as provided in Section 419C.465, consisting of removing graffiti; or
(b) If the victim does not agree to the personal service, community service consisting of removing graffiti at some location other than that defaced by the youth offender.
(2) In no case shall the youth offender, pursuant to this section, perform more hours of personal or community service than would be indicated by dividing the monetary damage caused by the youth offender by the legal minimum wage.
(3)(a) When a youth offender has been found to be within the jurisdiction of the juvenile court for having committed an act that if committed by an adult would constitute a violation of Section 164.383, the court may find the parent, legal guardian, or other person lawfully charged with the care or custody of the youth offender liable for actual damages to person or property caused by the youth offender. However, a parent who is not entitled to legal custody of the youth offender at the time of the act is not liable for the damages.
(b) The legal obligation of the parent, legal guardian, or other person under this subsection may not exceed the liability provided in Section 30.765.
(c) The court may, with the consent of the parent, legal guardian, or other person, order the parent, legal guardian, or other person to complete a parent effectiveness program approved by the court. Upon the parent's, legal guardian's, or other person's completion of the program to the satisfaction of the court, the court may dismiss any other penalties imposed upon the parent, legal guardian, or other person.
(Top)(a) OFFENSE DEFINED.-- A person is guilty of criminal mischief if he:
(4) intentionally defaces or otherwise damages tangible public property or tangible property of another with graffiti by use of any aerosol spray-paint can, broad-tipped indelible marker, or similar marking device;
(6) intentionally defaces personal, private, or public property by discharging a paintball gun or paintball marker at that property.
(b) GRADING.-- Criminal mischief is a felony of the third degree if the actor intentionally causes pecuniary loss in excess of $ 5,000, or a substantial interruption or impairment of public communication, transportation, supply of water, gas or power, or other public service. It is a misdemeanor of the second degree if the actor intentionally causes pecuniary loss in excess of $ 1,000, or a misdemeanor of the third degree if he intentionally or recklessly causes pecuniary loss in excess of $ 500 or causes a loss in excess of $ 150 for a violation of subsection (a)(4). Otherwise criminal mischief is a summary offense.
(c) DEFINITION.-- As used in this section, the term "graffiti" means an unauthorized inscription, word, figure, mark, or design which is written, marked, etched, scratched, drawn, or painted.
(Top)(a) For the purpose of promoting the public safety, health, welfare, convenience, and enjoyment, to protect the public investment in public property, and to preserve and enhance the scenic beauty of property visible from publicly owned property, the general assembly hereby finds and declares that graffiti constitutes a public nuisance that may be abated in accordance with the provisions of this section, or by civil actions or suits brought in the circuit or chancery courts as provided by the general law. The authority provided in this section is permissive and not mandatory and may be exercised by a municipality in accordance with this section upon the adoption of an ordinance.
(b) As used in this section, unless the context otherwise requires:
(1) "Advertising" means any letter, word, name, number, symbol, slogan, message, drawing, picture, writing, or other mark of any kind lawfully placed on property by an owner or tenant of the property, or an agent of such owner or tenant, for the purpose of promoting products or services or conveying information to the public;
(2) "Graffiti" means, without limitation, any letter, word, name, number, symbol, slogan, message, drawing, picture, writing, or other mark of any kind visible to the public that is drawn, painted, chiseled, scratched, or etched on a rock, tree, wall, bridge, fence, gate, building, or other structure; provided, this definition shall not include advertising or any other letter, word, name, number, symbol, slogan, message, drawing, picture, writing, or other mark of any kind lawfully placed on property by an owner of the property, a tenant of the property, by an authorized agent for such owner or tenant, or unless otherwise approved by the owner or tenant;
(3) "Municipality" includes incorporated cities and towns and metropolitan governments;
(4) "Publicly owned property" means the property owned or controlled by a federal, state, or local governmental entity, including, but not limited to, public parks, streets, roads, and sidewalks; and
(5) "Tenant" means any person shown by the records of the register of deed's office as a lessee of property, or any person lawfully in actual physical possession of property.
(c) Any municipality may use municipal funds to remove graffiti or other inscribed material from publicly owned real or personal property or privately owned real or personal property visible from publicly owned property and located within the municipality and to replace or repair publicly owned property or privately owned property visible from publicly owned property within that municipality that has been defaced with graffiti or other inscribed material.
(d) The municipality shall be authorized to remove the graffiti or other inscribed material, or, if the graffiti or other inscribed material cannot be removed cost-effectively, to repair or replace that portion of the property that was defaced, but not the painting, repair, or replacement of other parts of the property that were not defaced by graffiti, and may designate by ordinance an administrative officer or administrative body to perform the functions set forth in this section.
(e) (1) The removal, repair, or replacement may be performed, in the case of publicly owned real or personal property, only after securing the consent of the public entity having jurisdiction over the property.
(2) In the case of privately owned real or personal property visible from publicly owned property, the removal, repair, or replacement may be performed after the property owner and the tenant, if any, give their written consent to the municipality authorizing removal of the graffiti.
(f) The municipality may also use municipal funds for anti-graffiti education, operate a hotline for the purpose of receiving reports of unlawful application of graffiti on public or private property, and operate a program of financial reward, not to exceed one thousand dollars ($1,000), for information leading to the arrest and conviction of any person who unlawfully applies graffiti to any public property or private property visible from the public right-of-way.
(g) Removal of graffiti by a municipality pursuant to the provisions of this section shall be performed at the sole expense of the municipality. In removing the graffiti, the municipality shall consult with the property owner or tenant and arrive at a method of removal that does not result in further damage or harm to the property. If the municipality and the property owner or tenant are unable to agree on a method of removal, the municipality shall not remove the graffiti. In removing the graffiti, the municipality shall restore the property as nearly as possible to the condition as it existed immediately prior to the graffiti being placed on the property. Nothing in this section shall be construed to impair or limit the power of the municipality to define and declare nuisances and to cause their removal or abatement under any procedure now provided by law for the abatement of any public nuisances.
(h) In removing, repairing, or replacing the real or personal property pursuant to this section, the municipality or county may use the services of persons ordered to perform those services by a general sessions, criminal, or juvenile court.
(i) The municipality and its officers, employees, agents, volunteers, and persons ordered to perform nuisance removal by a general sessions, criminal, or juvenile court shall not be liable for any damages or loss of property:
(1) Due to the removal of graffiti performed pursuant to the provisions of this section;
(2) Due to the repair or replacement of the property performed pursuant to the provisions of this section; or
(3) Due to the failure by the municipality to remove, repair, or replace property defaced by graffiti pursuant to the provisions of this section.
(b) It is an offense for any person to knowingly damage or deface real or personal property of the state, or a subdivision thereof, by the painting or other permanent application of graffiti directly onto such property.
(c) A violation of this section is a Class B misdemeanor. All such violations shall be punished by at least twenty-five (25) hours of community service work to be determined by the court.
(Top)(a) A person commits an offense if, without the effective consent of the owner:
(3) he intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner.
(a) A person commits an offense if, without the effective consent of the owner, the person intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner with:
(1) aerosol paint;
(2) an indelible marker; or
(3) an etching or engraving device.
(b) Except as provided by Subsection (d), an offense under this section is:
(1) a Class B misdemeanor if the amount of pecuniary loss is less than $500;
(2) a Class A misdemeanor if the amount of pecuniary loss is $500 or more but less than $1,500;
(3) a state jail felony if the amount of pecuniary loss is $1,500 or more but less than $20,000;
(4) a felony of the third degree if the amount of pecuniary loss is $20,000 or more but less than $100,000;
(5) a felony of the second degree if the amount of pecuniary loss is $100,000 or more but less than $200,000; or
(6) a felony of the first degree if the amount of pecuniary loss is $200,000 or more.
(c) When more than one item of tangible property, belonging to one or more owners, is marked in violation of this section pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense, and the amounts of pecuniary loss to property resulting from the marking of the property may be aggregated in determining the grade of the offense.
(d) An offense under this section is a state jail felony if:
(1) the marking is made on a school, an institution of higher education, a place of worship or human burial, a public monument, or a community center that provides medical, social, or educational programs; and
(2) the amount of the pecuniary loss to real property or to tangible personal property is less than $20,000.
(e) In this section:
(1) "Aerosol paint" means an aerosolized paint product.
(2) "Etching or engraving device" means a device that makes a delineation or impression on tangible property, regardless of the manufacturer's intended use for that device.
(3) "Indelible marker" means a device that makes a mark with a paint or ink product that is specifically formulated to be more difficult to erase, wash out, or remove than ordinary paint or ink products.
(4) "Institution of higher education" has the meaning assigned by Section 481.134, Health and Safety Code.
(5) "School" means a private or public elementary or secondary school.
(a) A defendant convicted of an offense under Section 28.08, Penal Code, in a county court, county court at law, or district court shall pay a $5 graffiti eradication fee as a cost of court.
(b) In this article, a person is considered convicted if:
(1) a sentence is imposed on the person;
(2) the person receives community supervision, including deferred adjudication; or
(3) the court defers final disposition of the person’s case.
(c) The clerks of the respective courts shall collect the costs and pay them to the county treasurer or to any other official who discharges the duties commonly delegated to the county treasurer for deposit in a fund to be known as the county graffiti eradication fund. A fund designated by this subsection may be used only to:
(1) repair damage caused by the commission of offenses under Section 28.08, Penal Code;
(2) provide educational and intervention programs designed to prevent individuals from committing offenses under Section 28.08, Penal Code; and
(3) provide to the public rewards for identifying and aiding in the apprehension and prosecution of offenders who commit offenses under Section 28.08, Penal Code.
(d) The county graffiti eradication fund shall be administered by or under the direction of the commissioners court.
In this subchapter:
(1) "Combination" and "criminal street gang" have the meanings assigned by Section 71.01, Penal Code.
(2) "Continuously or regularly" means at least five times in a period of not more than 12 months.
(3) "Gang activity" means the following types of conduct:
(A) organized criminal activity as described by Section 71.02, Penal Code;
(B) terroristic threat as described by Section 22.07, Penal Code;
(C) coercing, soliciting, or inducing gang membership as described by Section 22.015, Penal Code;
(D) criminal trespass as described by Section 30.05, Penal Code;
(E) disorderly conduct as described by Section 42.01, Penal Code;
(F) criminal mischief as described by Section 28.03, Penal Code, that causes a pecuniary loss of $ 500 or more;
(G) a graffiti offense in violation of Section 28.08, Penal Code, that:
(i) causes a pecuniary loss of $ 500 or more; or
(ii) occurs at a school, an institution of higher education, a place of worship or human cemetery, a public monument, or a community center that provides medical, social, or educational programs;
(H) a weapons offense in violation of Chapter 46, Penal Code; or
(I) unlawful possession of a substance or other item in violation of Chapter 481, Health and Safety Code.
(Top)(1) "Graffiti" means any form of unauthorized printing, writing, spraying, scratching, affixing, or inscribing on the property of another regardless of the content or nature of the material used in the commission of the act.
(2) "Victim" means the person or entity whose property was defaced by the graffiti and bears the expense for its removal.
(3) Graffiti is a:
(a) second degree felony if the damage caused is in excess of $5,000;
(b) third degree felony if the damage caused is in excess of $1,000;
(c) class A misdemeanor if the damage caused is equal to or in excess of $300; and
(d) class B misdemeanor if the damage caused is less than $300.
(4) Damages under Subsection (3) include removal costs, repair costs, or replacement costs, whichever is less.
(5) The court, upon conviction or adjudication, shall order restitution to the victim in the amount of removal, repair, or replacement costs.
(6) An additional amount of $1,000 in restitution shall be added to removal costs if the graffiti is positioned on an overpass or an underpass, requires that traffic be interfered with in order to remove it, or the entity responsible for the area in which the clean-up is to take place must provide assistance in order for the removal to take place safely.
(7) A person who voluntarily and at his own expense, removes graffiti for which he is responsible may be credited for the removal costs against restitution ordered by a court.
(1) If an offender uses graffiti and is convicted under Section 76-6-106 or 76-6-206 for its use, or adjudicated in the juvenile court under Section 78-3a-118, the court may, as a condition of probation under Subsection 77-18-1(8), in addition to the compensatory or general damage award imposed pursuant to Section 78-11-20, order the offender to clean up graffiti of his own and any other at a time and place within the jurisdiction of the court.
(a) For a first conviction or adjudication, the court may require the offender to clean up graffiti for not less than eight hours.
(b) For a second conviction or adjudication, the court may require the offender to clean up graffiti for not less than 16 hours.
(c) For a third conviction or adjudication, the court may require the offender to clean up graffiti for not less than 24 hours.
(2) Any compensatory service of a person under the age of 18 years which is required, under this section, may be performed in the presence, and under the direct supervision, of the person’s parent or legal guardian. The person’s parent or legal guardian shall report completion of the order to the court.
(3) The offender convicted under Section 76-6-106, 76-6-206, or 76-6-107 or adjudicated under Section 78-3a-118 or his parent or legal guardian, if applicable, shall be responsible for removal costs as determined under Section 76-6-107, unless waived by the court for good cause.
(4) The court may also require the offender to perform other alternative forms of restitution or repair to the damaged property pursuant to Subsection 77-18-1(8).
(1) For purposes of this section "enter" means intrusion of the entire body.
(2) A person is guilty of criminal trespass if, under circumstances not amounting to burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204:
(a) he enters or remains unlawfully on property and:
(i) intends to cause annoyance or injury to any person or damage to any property, including the use of graffiti as defined in Section 76-6-107;
(1) The parent or legal guardian having legal custody of the minor is liable for damages sustained to property not to exceed $2,000 when:
(a) the minor intentionally damages, defaces, destroys, or takes the property of another;
(b) the minor recklessly or willfully shoots or propels a missile, or other object at or against a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving or standing; or
(2) For purposes of this section, Subsection (1)(a) or (c) includes graffiti, as defined in Section 76-6-107.
(3) A court may waive part or all of the liability for damages by the parent or legal guardian if the offender is adjudicated in the juvenile court under Section 78-3a-118 only:
(a) upon a finding of good cause; or
(b) if the parent or legal guardian:
(i) made a reasonable effort to restrain the wrongful conduct; and
(ii) reported it to the property owner involved or the law enforcement agency having primary jurisdiction after he knew of the minor’s unlawful act. No report is required under this section from a parent or legal guardian if the minor was arrested or apprehended by a peace officer or by anyone acting on behalf of the property owner involved.
(Top)A. Any locality may by ordinance make unlawful the willful and malicious damage to or defacement of any public buildings, facilities and personal property or of any private buildings, facilities, and personal property. The penalty for violation of such ordinance is a Class 1 misdemeanor. The punishment for any such violation in which the defacement is (i) more than 20 feet off the ground, (ii) on a railroad or highway overpass, or (iii) committed for the benefit of, at the direction of, or in association with any criminal street gang, as that term is defined by § 18.2-46.1, shall include a mandatory minimum fine of $ 500.