October 17th, 2008 jack
What are the laws regarding graffiti in Oregon? I need to know what
constitutes vandalism (does size matter?) and if/when fines, community
service, or jail-time are applicable. If this is determined on a
county-by-county or city-by-city basis, I'll be happy to provide
further information.Greetings Angiee:
Here is the act passed in 1995 regarding graffiti in Oregon state:
http://www.leg.state.or.us/95reg/measures/sb0300.dir/sb0343.en.html
Relating to graffiti.
Be It Enacted by the People of the State of Oregon:
**************************** SECTION 1. { + As used in
sections 1 to 6 of this Act:
(1) 'Graffiti' means any inscriptions, words, figures or
designs that are marked, etched, scratched, drawn, painted,
pasted or otherwise affixed to the surface of property.
(2) 'Graffiti implement' means paint, ink, chalk, dye or other
substance or any instrument or article designed or adapted for
spraying, marking, etching, scratching or carving surfaces. + }
**************************** SECTION 2. { + (1) A person
commits the offense of unlawfully applying graffiti if the
person, having no right to do so nor reasonable ground to believe
that the person has such right, intentionally damages property of
another by applying graffiti to the property.
(2)(a) Unlawfully applying graffiti is a violation.
(b) Upon a conviction for unlawfully applying graffiti, a
court:
(A) Notwithstanding ORS 161.635, may impose a fine of up to
$750; and
(B) In addition to any fine it imposes and pursuant to ORS
137.128 but notwithstanding ORS 137.129, may order the defendant
to perform up to 100 hours of community service. The community
service must include removing graffiti, either those that the
defendant created or those created by another, or both.
(3) If the court orders community service, the community
service must be completed within six months after entry of the
order unless the person shows good cause why community service
cannot be completed within the six-month time period. + }
**************************** SECTION 3. { + (1) A person
commits the offense of unlawfully possessing a graffiti implement
if the person possesses a graffiti implement with the intent of
using the graffiti implement in violation of section 2 of this
Act.
(2)(a) Unlawfully possessing a graffiti implement is a
violation.
(b) Upon a conviction for unlawfully possessing a graffiti
implement, a court:
(A) May impose a fine of up to $200; and
(B) In addition to any fine it imposes and pursuant to ORS
137.128 but notwithstanding ORS 137.129, may order the defendant
to perform up to 50 hours of community service. The community
service must include removing graffiti, either those that the
defendant created or those created by another, or both.
(3) If the court orders community service, the community
service must be completed within six months after entry of the
order unless the person shows good cause why community service
cannot be completed within the six-month time period. + }
**************************** SECTION 4. { + Section 5 of this
Act is added to and made a part of ORS 137.126 to 137.129. + }
**************************** SECTION 5. { + (1) The court
shall impose community service as a condition of a probation
sentence when a person is convicted of criminal mischief and the
conduct engaged in consists of defacing property by creating
graffiti unless the sentence includes incarceration in a county
jail or a state correctional institution.
(2) The community service must include removing graffiti,
either those that the defendant created or those created by
another, or both.
(3) If the defendant does not consent to donate labor as
required by ORS 137.128, the period of community service must be
served under the supervision and control of the Department of
Corrections. + }
**************************** SECTION 6. { + (1) When a child
is found to be within the jurisdiction of the juvenile court for
having committed an act that if committed by an adult would
constitute a violation of section 2 or 3 of this Act or criminal
mischief and the act consisted of defacing property by creating
graffiti, the court, in addition to any other disposition, may
order the child to perform:
(a) Personal service, as provided in ORS 419C.465, consisting
of removing graffiti; or
(b) If the victim does not agree to the personal service,
community service consisting of removing graffiti at some
location other than that defaced by the child.
(2) In no case shall the child, pursuant to this section,
perform more hours of personal or community service than would be
indicated by dividing the monetary damage caused by the child by
the legal minimum wage.
(3)(a) When a child is found to be within the jurisdiction of
the juvenile court for having committed an act that if committed
by an adult would constitute a violation of section 2 of this
Act, the court may find the parent, legal guardian or other
person lawfully charged with the care or custody of the child
liable for actual damages to person or property caused by the
child. However, a parent who is not entitled to legal custody of
the child at the time of the act is not liable for the damages.
(b) The legal obligation of the parent, legal guardian or other
person under this subsection may not exceed the liability
provided in ORS 30.765.
(c) The court may, with the consent of the parent, legal
guardian or other person, order the parent, legal guardian or
other person to complete a parent effectiveness program approved
by the court. Upon the parent's, legal guardian's or other
person's completion of the program to the satisfaction of the
court, the court may dismiss any other penalties imposed upon the
parent, legal guardian or other person. + }
**************************** SECTION 7. { + The provisions of
sections 1 to 6 of this Act are not intended to preempt any local
regulation of graffiti or graffiti-related activities. + }
----------
Enrolled Senate Bill 343 Page 2
Passed by Senate April 19, 1995
Passed by House May 25, 1995
Repassed by House June 7, 1995
I searched all areas of the Oregon state law database with the term
"graffiti" and the above was found among the search results are at
http://www.leg.state.or.us:8765/query.html?rq=0&col=01bills&col=01laws&col=03bills&col=95meas&col=97meas&col=99bills&col=99orlaws&col=99ors&col=annos&col=orcons&ht=0&qp=&qt=graffiti&qs=&qc=&pw=100%25&ws=0&la=&qm=0&st=1&nh=10&lk=1&rf=0&oq=&rq=0&si=1
There may be additional laws in your county or sity. If you will
provide those areas, I'll be happy to see if the information is
available online.
Best regards,
journalist-ga
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