Penal Code 594

this prohibits "defacing, damaging, or destroying someone elses property"

The legal places you can do grafitti are;

1. Hosier Lane, Melbourne, Australia
2. Warsaw, Poland
3. Tesnov, Prague
4. Queens, New York
5. Paris, France
6. Taipai, Taiwan
7. Zurich, Switzerland
8. Sydhavnen, Copenhagen, Denmark
9. Berghausen, Germany
10. Venice, CA

Although, the majority of the world has laws against grafitti, there are still some areas that view this activity as an expression of art.

Cons of Graffiti

Graffiti has been around for a long time. Over the years it has grown from unattractive tagging to an art form. It includes the horrible scribble you see painted or scrawled on fences, bridges, in subways, on the sides of buildings, houses, and elsewhere. Most of it is garbage and looks like 5-year-olds have done it. But some of it is highly artistic, if only it hadn't destroyed someone's property. But is graffiti really that bad? Yes! First of all graffiti is illegal. It is a form of vandalism. Some graffiti can be visually unattractive and offensive. Graffiti cost cities a lot of money to prevent and clean up. Graffiti also decreases the value of homes if they are in area surrounded by graffiti. 

Can Graffiti be a good thing?

I dont care what you say graffiti is an amazing artform. though it is illegal to go out and tag a building it definitely take serious skills to make a legit graffiti tag. like the street artist Banksy see picture above. He is probably one of the most famous graffiti artists out there. He has a website that sells merchandise of the art he has created. So he is now making money off of his art. but if you wanna read some more positive feedback you can always check out this link.

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

THE PROS AND CONS OF GRAFFITI.

Urban culture has become more widely known and readily available than in recent years. Whether it be listening and purchasing rap and hip hop music or viewing urban art which has been termed Graffiti. It used to be the only graffiti known was gang symbols and taggings of a perverse or threatening nature on the side of a liquor store or any monolith in an area usually deemed unsuitable for any middle class and especially caucasian individual to roam. Now taggings and gang slogans have turned into poignant, positive pieces of art that are intended to not only ignite, but coalesce a community of graffiti artists or taggers into adding to the concrete jungles of  the world with a positive message turning concrete streets into walks of art. Sure the random gang symbol and moronic amphigory's are still readily available for everyone to turn their cheeks from but now the occasional bad has also turned into the occasional obsequious work of art. The issue for most is whether it is an exercise of a basic liberty or an encroachment on personal space. For most their speech and voice can be heard in many different ways, whether it be a pen to paper, a guitar to a song, or a can of paint and a brush to a wall. artistic freedom and liberties go hand in hand with the first amendment, but yet graffiti has been deemed highly illegal regardless of its nature. Gang slogans are viewed the same as epic murals with only positive messages in the court of law. Should all graffiti be illegal unless funded and paid for or should someones self expression and voice be allowed and legal even if their voice and message comes from a tin can?