Graffiti: Laws and Regulations (In California)

Some call graffiti art, and others call it a nuisance. Everyone likes an awesome mural on a city wall, especially if whoever created it is a talented artist. On the other hand, random "tagging" and gang signs, initials, affiliations, ect. can be seen (and in my opinion are) as defacement of property. Laws pertaining to graffiti are split up by state, unless the graffiti is on a federally-owned building, such as a post office or school. In California, laws are in place to try to stop graffiti before it starts. But if it does happen, the punishment can vary depending on how much damage has been done. The law states:

 "(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.

   (b) As a condition of probation for any violation of this section,

the court may order the defendant to perform community service not

to exceed 90 hours during a time other than his or her hours of

school attendance or employment.

   (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."

-California Penal Code Section 594.2

 Stores that sell paint and/or aerosol containers also must display a sign in a viewable area that states:
"Any person who maliciously defaces real or personal property with paint is guilty of vandalism which is punishable by a fine, imprisonment, or both."

-California Penal Code Sec. 594.1

 If the damage done is worth under $250, one can face either an infraction, which gets community service and up to a $1000 fine, or a misdemeanor, which (if under $400) gets probation, up to 1 year in county jail, fines up to $1000, community service, personal repair of damaged property, and suspension of driver's license up to 2 years.

Damage over $400 results in a felony that yields probation, up to a year in jail, and up to $10,000 in fines.

I think the laws that are currently in place are strict enough to be taken seriously, and if someone is simply tagging for a gang or just to do it they should be stopped. But if someone is making a mural or other piece of art on the street, I think as long as the piece is acceptable and adds a bit of class to where it is, it should be allowed to be kept there.

Sources:

http://teensagainstgraffiti.tripod.com/mainpage/id5.html

http://law.onecle.com/california/penal/594.2.html

http://www.shouselaw.com/vandalism.html#3