Graffiti looks great on a wall until you realize that there is a law that criminalizes this form of art. When writing your custom law essay on Graffiti you will realize that painting graffiti on public or private property without authorization will result in demeanor charges. Each state and municipality has unique laws and penalties driven by unique experiences with graffiti over time.

Graffiti is considered a minor offense but will have significant criminal consequences. Most jurisdictions demarcate graffiti-related offenses committed by minors from those by adults. Here is what to expect when you are caught doing graffiti in different areas and the circumstances that will determine your penalty.

Adult Penalties for Graffiti Painting

City ordinances penalize the offense as vandalism. The culprit is likely to escape with a fine, especially if he or she is a first time offender. Adults will be requested to take down the graffiti and, on many occasions perform community service.

The possibility of a jail term from offenses related to graffiti exists and may be enforced in different courts. Since graffiti is considered as communication and protest art, magistrates are lenient with most offenders. In fact, most offenders escape with a warning and the demand to repaint walls. At the municipal level, magistrates issue soft warnings.

State laws also apply to graffiti related offenses. At this level, offenders face a potentially harsh penalty. The yardstick for the penalty is usually how much damage your graffiti caused to a wall. If your painting caused significant damage, you will be required to repair the damage and pay a fine to the courts. Artists with previous convictions for graffiti-related charges receive a harsher punishment. It also depends on the management of the private or public property where the graffiti was sprayed.

Nevada is one of the states that punish graffiti artists. The fine may be as low as $400 but not more than $1000. Beyond the fine, the offender will be required to repaint the damaged wall. The magistrate may add 100 hours of community service especially if the offense involves public space. A repeat offender is likely to get five years in state prison or a fine of $10,000 at a higher court.

Juvenile Penalties For Graffiti Offenses

The juvenile justice system has mechanisms of dealing with graffiti related offenses and will issue a verdict based on the circumstances as well as the extent of damage from the painting. It is worth noting that children are not handled by the criminal justice system that prosecutes adults. Offenses by children are also segmented in a way that allows the kids to enjoy leniency.

Juvenile courts have more jurisdiction when dealing with graffiti cases. A case involving a kid accused of a graffiti related offense will end in one of the following three verdicts.

• Dropping of charges- the prosecutor drops the charges in instances of first-time offenders, when the accused is too young, or if he thinks that sufficient punishment has been meted. The people who facilitated the minor may be pursued instead, especially to pay for the damage already caused.
• Informal Adjudication- the prosecutor allows the case to be resolved informally. It involves, among other processes, informal probation, community service, and compensation for the damage caused. The court monitors and involves the owners of the property. Once the punishment is successfully completed, the charges will be dismissed.
• Formal charges- this is a common option when dealing with a delinquent kid. The judge will require the prosecutor to present evidence and the accused to defend his actions. The consequences are similar to what adults get. A guilty juvenile will be required to pay a fine, stay in a detention center, serve probation, and get counseling, among other remedies.

Just like the case of an adult, a juvenile charged with graffit related violations will receive a verdict depending on circumstances surrounding the case.

The challenge with graffiti arises from the negative perception associated with its presence on buildings. It lowers the value of a property and creates fear about activism in the neighborhood. Its removal is also an expensive affair for property owners and managers. Whether it is an offense or not, therefore, depends on state and municipal laws as well as the approval of action by property owners and managers.

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