Los Angeles Considers Anti-Graffiti Law
Posted on September 10, 2008
Filed Under Criminal Law, Felonies, Gangs, Juvenile Justice, Law, Los Angeles, News, misdemeanor, vandalism |
Some youths consider graffiti a rite of passage. They’re enticed by the thrill of sneaking around in the middle of the night to leave their mark where all can see. Victims of their vandalism, however, are more than annoyed by the time and expense required to remove these questionable “works of art” which often convey profanity or ethnic slurs. Championing the rights of outraged victims, Los Angeles City Councilman Bernard Parks has proposed that parents be held liable for civil damages if their children commit graffiti vandalism.
Similar to the graffiti law recently approved by LA County supervisors, Parks and other officials want the proposed law to serve as a wake-up call to parents and guardians who either don’t know or don’t care what their children are up to. Parks’ proposal mirrors the county law which imposes fines up to $1,000 on graffiti vandals and their parents. The county law also allows property liens when fines are unpaid and the pursuit of felony vandalism charges in court.
Graffiti vandalism carries a hefty price tag. Graffiti removal cost LA County $30 million last year. In 2007, Caltrans spent $5 on graffiti removal just in Los Angeles and Ventura counties. LA County Supervisor Gloria Molina said the actual cost of property damage to businesses, public buildings and infrastructure is far higher and has led to community violence.
City and county initiatives are capitalizing on the state’s efforts to curtail graffiti. Governor Schwarzenegger signed Assembly Bill 2609 in July that requires a person convicted of tagging to clean up graffiti he created. Judges can also require offenders to keep damaged property graffiti-free for up to a year.
Defacing, destroying or damaging property without the owner’s permission is vandalism. Graffiti is vandalism, and vandalism is a crime under California Penal Code 594. Calling graffiti art doesn’t make it any less criminal. If you are under 18, just the possession of aerosol paint containers can result in a vandalism charge.
When damages are less than $400, first time vandalism is usually charged as a misdemeanor. Sentencing includes fines, restitution, community service and 3 years of informal probation, but no jail time. However, if damages exceed $400, or if the defendant has a prior conviction for vandalism, he may be charged with felony vandalism and can incur jail time, formal probation, restitution and community service.
In California, particularly in Los Angeles and Orange counties, vandalism is being prosecuted to the fullest extent of the law as a crime deterrent. Strong legal representation is critically important for anyone accused of graffiti vandalism.
-LegalPro
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