An Act To Create the Crime of Producing Graffiti
Maine Legislature, Session 122, LD 1323
Committee: Criminal Justice and Public Safety
Sponsors: BOWLES, COURTNEY, CLOUGH, NUTTING, NASS
Amends: 15 MRSA §33

Legislative Document 
No. 1323 
H.P.922 
House of Representatives, March 15,2005 
An Act To Create the Crime of Producing Graffiti 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative BOWLES of Sanford. 
Cosponsored by Senator COURTNEY of York and 
1!/~'1J1.~ 
Mll...LICENT M. MacFARLAND 
Clerk 
Representatives: CLOUGH of Scarborough, NASS of Acton, NUTTING of Oakland, Senator: 
NASS of York. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 15 MRSA §33l4. sub-§l, 'E-l is enacted to read: 
E-l. 
For an 
adjJ.W~c..a.tion under Title 17 -A, 
s~tj,.Q~.QJ)L 
subsection L 
the court shall require the juvenile to make 
restitution to the property owner in the amount of the cost 
of removal of the graffiti or repair or replacement costs or 
require the juvenile to clean up the 
grc~,ffiti. The court 
also shall suspend the juvenile's driver's license for a 
period of 
months. 
The 
court shall order 
a 
parent, 
guardian or legal custodian to payor cause to be paid all 
restitution ordered pursuant 
to 
this 
paragraph if the 
juvenile fails to comply with a restitution order. 
After 
notice and hearing and in accordance with the Maine Rules of 
Criminal Procedure, Rule 42(d), the court may invoke its 
contempt 
powers 
to 
enforce 
the 
restitution 
order 
that 
applies to the juvenile or the juvenile's parent. guardian 
or legal custodian. 
Sec. 2. l7-A MRSA §§808 to 810 are enacted to read: 
Saoa. 
Graffiti 
1. 
A person is guilty of the crime of producing graffiti if 
that person intentionally, 
knowingly or recklessly causes 
an 
inscription, 
word, 
figure 
or 
design 
to 
be 
marked, 
etched, 
scratched, drawn, painted or affixed in any way to property of 
another knowing that the actor is not authorized to do so. 
As 
used in this section, "property of another" means property in 
which any person or government other than the actor has 
an 
interest upon which the actor is not privileged to infringe. 
z. 
Producing graffiti is a Class D crime. 
3. 
In addition to any other penalty imposed purs\lanL..t.Q 
this 
section, 
the 
court shall order 
a 
person 
convicted of 
producing graffiti to pay restitution pursuant to chapter 54 to 
the property owner in the amount of the cost of removal of the 
graffiti or repair or replacement costs or order the actor to 
clean up the graffiti. 
Sa09. 
P~ ..... 
~on of aerosol paint Can with intent to pro~ 
graffiti 
1. 
A person is guilty of possession of an aerosol paint can 
with intent to produce graffiti if that person: 
Page l-LR1260 (1) 
A. 
Is in a public place or on private property without the 
consent of the owner, lessee or other person entitled to the 
legal possession of the private property: and 
B. 
Possesses 3 or more aerosol or pressurized containers of 
paint, dye, ink or similar substance. 
2. 
Possession of 
an aerosol paint can with intent to 
produce graffiti is a Class E crime. 
3. 
As used in this section, "aerosol paint can" mean~.n 
aerosol container that is made or adapted for the purpose of 
applying paint or another substance capable of defacing property. 
SSIO. 
Illegal sale of aerosol paint Can to minor 
1. 
As used in this section. unless the context otherwise 
indicates, the following terms have the following mean~ 
.A. 
"Aerosol paint can" means an aerosol container that is 
made or adapted for the purpose of applying paint or another 
substance capable of defacing property. 
B. 
"Minor" means a person who has not attained 18 years of 
~ 
C. 
"Sa~~~~lL exchange. give. deliver. loan or 
otherwise provide or cause or permit to be sold. exchanged. 
given, delivered, loaned or otherwise provided. 
2. 
A person is guilty of illegal sale of an aerosol paint 
can to a minor if that person 
sells an aerosol paint can to a 
minor and the minor is not accompanied by the minor's parent or 
guardian. 
3. 
Illegal sale of an aerosol paint can to a minor is a 
Class E crime. 
4. 
This section does not apply to a parent, legal guardian, 
§ichool teacher or law enforcement officer in the performance of 
duty who provides an aerosol paint can to a minor. 
SUMMARY 
This bill does the following. 
1. 
It establishes 
prohibit a 
person from 
causing an inscription, 
the 
crime 
of producing graffiti 
to 
intentionally, knowingly or recklessly 
word, 
figure or design to be marked, 
etched, scratched, drawn, painted or affixed in any way to the 
property of another. 
Producing graffiti is a Class D crime. 
A 
person convicted of producing graffiti is required to either pay 
restitution to remove 
the graffiti or repair or replace the 
property defaced by the graffiti or to clean up the graffiti. 
If the offender is a juvenile, the court is required to 
suspend the juvenile's driver's license for 
months 
and to 
require the parent, guardian or legal custodian of the juvenile 
to pay the restitution if the juvenile fails to do so. 
2. 
It establishes the crime of possession of an aerosol 
paint can with intent to produce graffiti, which applies to 
persons who are in possession of 3 or more aerosol paint cans 
while on public property or the private property of another 
person 
without 
that 
person's 
permission. 
Possession 
of 
an 
aerosol paint can with intent to produce graffiti is a Class E 
crime. 
3. 
It prohibits the sale or other furnishing of an aerosol 
paint can to a person who has not yet attained 18 years of age; a 
violation of this prohibition is a Class E crime. 
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