An Act To Deter Graffiti
Maine Legislature, Session 124, LD 1338
Committee: Criminal Justice and Public Safety
Sponsors: BRIGGS, BRYANT, PETERSON, JACKSON
Amends: 14 MRSA §7562

Legislative. Doeu men t 
No. 1338 
H.P.939 
House of Representatives, March 31, 2009 
An Act To Deter Graffiti 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative BRIGGS of Mexico. 
Cosponsored by Senator BRYANT of Oxford and 
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MILLICENT M. MacFARLAND 
Clerk 
Representative: PETERSON of Rumford, Senator: JACKSON of Aroostook. 
Printed on recycled pilpcr 
Be it enacted by the People ofthe State of Maine as follows: 
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Sec. 1. 14 MRSA §7562 is enacted to read: 
§7562. Graffiti 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following tenns have the following meanings. 
A. "Graffiti" means an inscription, word, figure, design, painting, writing, drawing or 
carving that is marked, etched, scratched, drawn, painted or otherwise applied to a 
property without the prior authorization of the owner of the property regardless of the 
content of the graffiti or nature of the material used. 
B. "Graffiti implement" means any device or material capable of scarring or leaving 
a visible mark on any natural or artificial surface, including, but not limited to, an 
aerosol paint container, broad-tipped marker, gun label, chalk, paint stick, graffiti 
stick, etching equipment or brush. 
C. "Property" means any public or private property, including, but not limited to, any 
portion of any premises, structure, house, building, fence or vehicle. 
2. Applying graffiti. A person may not apply, solicit or command another person to 
apply or aid or abet or agree to aid or abet a person in planning to apply or applying 
graffiti. 
3. Possession of graffiti implements. A graffiti implement may not be possessed 
Qy;. 
A. A minor on or within 50 feet of school property except for possession of a graffiti 
implement required by a school class or sanctioned activity. A minor bears the 
burden of proof to demonstrate that the possession of the graffiti implement on or 
within 50 feet of school property was required by a school class or sanctioned 
activity; 
B. A person on or close enough to apply graffiti to private property without the 
permission ofthe owner of the property; 
C. 
A person in a public facility, park, playground, swimming pool, recreation 
facility, building, structure, premises or vehicle without authorization; or 
D. A person within 50 feet of an underpass, bridge abutment or similar infrastructure 
without permission from the owner. 
4. Furnishing a graffiti implement to a minor. A person other than a parent or 
legal guardian may not sell, give, lend or otherwise furnish or cause or permit to be 
exchanged, given, loaned or otherwise furnished a graffiti implement to a minor without 
written permission of a parent or legal guardian of the minor. 
5. Penalties. A person who violates this section commits a civil violation for which 
a fine of not more than $250 may be adjudged. A person who violates this section after 
having been previously adjudicated as violating this section commits a civil violation for 
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which a fine of not more than $500 may be adjudged. Each day a violation occurs or 
remains is a separate violation under this subsection. ill addition to a fme adjudged under 
this subsection, a person who has violated this section shall pay restitution for all costs of 
removal of the graffiti. 
SUMMARY 
This bill makes a civil offense of applying graffiti on private or public property 
without permission from the owner, possessing graffiti implements by minors on or near 
a school or by persons near private or public property without permission and furnishing 
graffiti implements to a minor. The penalty for violating this provision is a $250 fine for 
the first offense and a $500 fine for a 2nd or subsequent offense.