Gavin Howe
Graffiti is considered a form of vandalism, which is a crime. The severity of the charge depends on the cost of restoring the property to its previous condition. In California, if the cost of repairing the damage is under $250, the potential penalty depends on whether it is your first, second or third conviction. If you have no previous vandalism conviction, your graffiti offence will be an infraction. If you have a previous conviction, graffiti costing less than $250 to repair becomes a misdemeanour. In Chicago, an ordinance was passed in 1992 that bans the sale and possession of spray paint and certain types of etching equipment and markers. Graffiti is an offence with a fine of no less than $500 per incident.
| Characteristics | Values |
|---|---|
| Intent | The law defines 'maliciously' as (1) intentionally committing a wrongful act, or (2) acting with the unlawful intent to annoy or injure someone else. |
| Property | The property must be owned or possessed by someone else, and the graffiti must be against the owner's wishes. |
| Damage | The damage must be physical, including graffiti, "tagging", carving, etching, and other forms of damage that are often permanent. |
| Cost | The severity of the charge is generally determined by the amount of the cost to restore the property to its previous condition. In California, the potential penalty depends on whether the cost to repair the damage is under $250. |
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What You'll Learn
Vandalism
Graffiti is considered vandalism, which is a crime. Vandalism is defined as the act of intentionally defacing or destroying someone else's property with graffiti or other inscribed material, without the permission of the owner. The key to understanding this crime is the word 'maliciously', which the law defines as either intentionally committing a wrongful act or acting with the unlawful intent to annoy or injure someone else.
In California, the penalty for graffiti depends on whether it is your first, second, or third conviction, as well as the cost to repair the damage. If the cost to repair the damage is under $250, it is considered a lesser crime of vandalism and is charged under California Penal Code sections 640.5 and 640.6. For a first-time conviction, you could be fined up to $1,000 and sentenced to community service. If you have a previous vandalism conviction, then graffiti costing less than $250 to repair becomes a misdemeanour.
In Chicago, an ordinance was passed in 1992 that bans the sale and possession of spray paint and certain types of etching equipment and markers. This law falls under Chapter 8-4: Public Peace & Welfare, and makes graffiti an offence with a fine of no less than $500 per incident.
The severity of a vandalism charge is generally determined by the amount of the cost to restore the property to its previous condition.
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Intent
The intent of the law is to prevent people from defacing or destroying property with graffiti or other inscribed material. The key to understanding this crime is the word 'maliciously', which the law defines as either intentionally committing a wrongful act or acting with the unlawful intent to annoy or injure someone else. This does not mean that you have to intend to break the law, but you have to intentionally act when you commit any of the above acts.
Graffiti is considered a form of vandalism, and the laws surrounding it vary depending on the location and the cost to repair the damage. In California, for example, the penalty for a graffiti offence depends on whether it is your first, second, or third conviction, and the cost to repair the damage. If the cost to repair the damage is under $250, it is considered a lesser crime of vandalism and is punishable by a fine of up to $1,000 and community service. However, if you have a previous vandalism conviction, the same offence becomes a misdemeanour.
In Chicago, an ordinance was passed in 1992 that bans the sale and possession of spray paint and certain types of etching equipment and markers. This law falls under Chapter 8-4: Public Peace & Welfare, and makes graffiti an offence with a fine of no less than $500 per incident.
The bottom line in determining if graffiti art is legal is whether you have the permission of the property owner. In some cases, property owners may even hire someone to create a work of art on the wall of their building. However, if you do not have permission, you can be charged with vandalism, and the severity of the charge is generally determined by the amount it costs to restore the property to its previous condition.
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Cost of damage
The cost of repairing damage caused by graffiti is a key factor in determining the severity of the charge. In California, if the cost of repairing the damage is under $250, the offence falls under Penal Code 640.5 or 640.6 PC. If you have no previous vandalism conviction, your graffiti offence will be an infraction. However, if you have a previous conviction, the offence becomes a misdemeanour.
In Chicago, the law states that graffiti is an offence with a fine of no less than $500 per incident. This is in addition to the cost of repairing the damage. The city of Pittsburgh has also implemented a customised database-driven graffiti tracking system to build evidence for the prosecution of graffiti suspects.
The bottom line in determining whether your graffiti art is legal is whether you have the permission of the property owner. In some cases, property owners may even hire someone to create a work of art on the wall of their building. However, if you do not have permission, you are committing an act of vandalism, which is defined as "maliciously" defacing or destroying property. This does not mean that you have to intend to break the law, but you must intentionally act when committing the wrongful act.
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Previous convictions
In Chicago, an ordinance was passed in 1992 that bans the sale and possession of spray paint and certain types of etching equipment and markers. The law falls under Chapter 8-4: Public Peace & Welfare, Section 100: Vagrancy. The specific law (8-4-130) makes graffiti an offence with a fine of no less than US$500 per incident.
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Permission
However, if you do not have permission from the property owner, then you are committing an act of vandalism. Vandalism is defined as defacing or destroying the property of another person. The key to understanding this crime is the word "maliciously", which means intentionally committing a wrongful act or acting with the unlawful intent to annoy or injure someone else. It is important to note that you do not have to intend to break the law, but you must intentionally act when committing any of the above acts.
The severity of the charge for vandalism is generally determined by the cost of restoring the property to its previous condition. In California, for example, if the cost to repair the damage is under $250, then it may be charged under Penal Code 640.5 PC or 640.6 PC. If you have no previous California vandalism conviction, then your graffiti offence will be an infraction. However, if you have a previous conviction, then graffiti costing less than $250 to repair becomes a misdemeanour.
In Chicago, an ordinance was passed in 1992 that bans the sale and possession of spray paint and certain types of etching equipment and markers. This law falls under Chapter 8-4: Public Peace & Welfare, and makes graffiti an offence with a fine of no less than US$500 per incident.
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Frequently asked questions
Yes, graffiti is illegal. It is considered vandalism, which is a crime.
The punishment for graffiti depends on the cost to repair the damage. In California, if the cost to repair the damage is under $250, it is considered a lesser crime of vandalism and you could be fined up to $1,000 and sentenced to community service. If you have a previous vandalism conviction, it becomes a misdemeanour. In Chicago, the fine is no less than $500 per incident.
The key to understanding this crime is the word 'maliciously'. The law defines that term as (1) intentionally committing a wrongful act, or (2) acting with the unlawful intent to annoy or injure someone else.
Vandalism covers acts such as graffiti, "tagging", carving, etching, and other forms of damage that, though often permanent, are not so serious that they destroy the property or prevent it from functioning properly. Placing stickers, posters, signs, or other markers on property can also constitute physical damage.
