Graffiti.

WORKING DRAFT
2008
STATE OF
WYOMING
08LSO-0138

HOUSE BILL
NO.
HB0080

Graffiti.

Sponsored by:
Representative(s) Esquibel, K. and Senator(s) Cooper and Fecht

A BILL

for

AN ACT relating to
crimes and offenses against property; creating the crime of vandalism by graffiti; providing penalties; providing a definition;
creating the crime of selling
aerosol paint to minors
and of minors purchasing aerosol paint
; providing for posting of notices;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 6
‑
3
‑
205
and 6
‑
3
‑
206 are
created to read:

6
‑
3
‑
205.

Vandalism by graffiti; penalties
.

(a)

Any person who defaces with graffiti or other inscribed material any real or personal property not his own is guilty of vandalism by graffiti.

(b)

Vandalism by graffiti is:

(i)

A misdemeanor punishable by
imprisonment of not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both, if the cost of restoring the defaced property, or the value of the property if destroyed is four hundred dollars ($400.00) or less;

(ii)

A misdemeanor punishable by imprisonment of not more than one (1) year, a fine of not more than ten thousand dollars ($10,000.00), or both, if the cost of restoring the defaced property, or the value of the property if destroyed is more than four hundred dollars ($400.00) and less than one thousand dollars ($1,000.00); or

(iii)

A felony punishable by imprisonment of not more than ten (10) years, a fine of not more than twenty thousand dollars ($20,000.00), or both, if the cost of restoring the defaced property, or the value of the property if destroyed is one thousand dollars ($1,000.00) or more.

(c)

Upon conviction of any person under this section for vandalism by graffiti the court may, in addition to any punishment imposed under subsection (b) of this section, order the person
personally
, and his parents or guardians if the person is a minor,
to clean up, repair or replace the damaged property.

(d)

I
f
a minor is personally unable to pay a fine levied for acts prohibited by this section, the parent of that minor shall be liable for payment of the fine. A court may waive payment of the fine, or any part thereof, by the parent upon finding of good cause.

(e)

As used in this section, "graffiti or other inscribed material" includes any unauthorized inscription, word, figure, mark or design that is written, marked, etched, scratched, drawn or painted on real or personal property.

6
‑
3
‑
206.

Sale
, purchase or possession of aerosol paint container; posting of notice by retailers.

(a)

No individual
, other than the parent or legal guardian of the recipient,
shall sell, offer for sale, give away or deliver
any aerosol container of paint that is capable of being used to deface property
to any person under the age of eighteen (18) years
.

(b)

No person under the age of eighteen (18) years shall purchase or attempt to purchase
any aerosol container of paint that is capable of
being used to deface
property
, or misrepresent his identity or age, or use any false or altered identification for the purpose of purchasing or attempting to purchase
any aerosol container of paint that is capable of
being used to deface
property
.

(c)

Every retailer selling or offering for sale aerosol containers of paint capable of
being used to deface
property shall post in a conspicuous place a sign stating "Any person who maliciously defaces real or personal property with paint is guilty of vandalism by graffiti which is punishable by a fine, imprisonment or both".

(d)

Violation of this section is a misdemeanor punishable by imprisonment of not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both
.

Section
2
.
Th
is act is effective July 1, 2008
.

(END)

1
HB0080