GRAFFITI
Utah 76-6-107. Graffiti defined - Penalties - Removal costs - Reimbursement liability
(1) "Graffiti" means any form of unauthorized printing, writing, spraying, scratching, affixing, or inscribing on the property of another regardless of the content or nature of the material used in the commission of the act.
(2) "Victim" means the person or entity whose property was defaced by the graffiti and bears the expense for its removal.
(3) Graffiti is a:
(a) second degree felony if the damage caused is in excess of $5,000;
(b) third degree felony if the damage caused is in excess of $1,000;
(c) class A misdemeanor if the damage caused is equal to or in excess of $300; and
(d) class B misdemeanor if the damage caused is less than $300.
(4) Damages under Subsection (3) include removal costs, repair costs, or replacement costs, whichever is less.
(5) The court, upon conviction or adjudication, shall order restitution to the victim in the amount of removal, repair, or replacement costs.
(6) An additional amount of $1,000 in restitution shall be added to removal costs if the graffiti is positioned on an overpass or an underpass, requires that traffic be interfered with in order to remove it, or the entity responsible for the area in which the clean-up is to take place must provide assistance in order for the removal to take place safely.
(7) A person who voluntarily and at his own expense, removes graffiti for which he is responsible may be credited for the removal costs against restitution ordered by a court.
Utah 78-11-20.7. Compensatory service - Graffiti penalties
(1) If an offender uses graffiti and is convicted under Section 76-6-106 or 76-6-206 for its use, or adjudicated in the juvenile court under Section 78-3a-118, the court may, as a condition of probation under Subsection 77-18-1(8), in addition to the compensatory or general damage award imposed pursuant to Section 78-11-20, order the offender to clean up graffiti of his own and any other at a time and place within the jurisdiction of the court.
(a) For a first conviction or adjudication, the court may require the offender to clean up graffiti for not less than eight hours.
(b) For a second conviction or adjudication, the court may require the offender to clean up graffiti for not less than 16 hours.
(c) For a third conviction or adjudication, the court may require the offender to clean up graffiti for not less than 24 hours.
(2) Any compensatory service of a person under the age of 18 years which is required, under this section, may be performed in the presence, and under the direct supervision, of the person's parent or legal guardian. The person's parent or legal guardian shall report completion of the order to the court.
(3) The offender convicted under Section 76-6-106, 76-6-206, or 76-6-107 or adjudicated under Section 78-3a-118 or his parent or legal guardian, if applicable, shall be responsible for removal costs as determined under Section 76-6-107, unless waived by the court for good cause.
(4) The court may also require the offender to perform other alternative forms of restitution or repair to the damaged property pursuant to Subsection 77-18-1(8).
Utah 76-6-206. Criminal trespass
(1) For purposes of this section "enter" means intrusion of the entire body.
(2) A person is guilty of criminal trespass if, under circumstances not amounting to burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204:
(a) he enters or remains unlawfully on property and:
(i) intends to cause annoyance or injury to any person or damage to any property, including the use of graffiti as defined in Section 76-6-107;
Utah 78-11-20. Property damage caused by a minor -- Liability of parent or legal guardian
(1) The parent or legal guardian having legal custody of the minor is liable for damages sustained to property not to exceed $2,000 when:
(a) the minor intentionally damages, defaces, destroys, or takes the property of another;
(b) the minor recklessly or willfully shoots or propels a missile, or other object at or against a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving or standing; or
(2) For purposes of this section, Subsection (1)(a) or (c) includes graffiti, as defined in Section 76-6-107.
(3) A court may waive part or all of the liability for damages by the parent or legal guardian if the offender is adjudicated in the juvenile court under Section 78-3a-118 only:
(a) upon a finding of good cause; or
(b) if the parent or legal guardian:
(i) made a reasonable effort to restrain the wrongful conduct; and
(ii) reported it to the property owner involved or the law enforcement agency having primary jurisdiction after he knew of the minor's unlawful act. No report is required under this section from a parent or legal guardian if the minor was arrested or apprehended by a peace officer or by anyone acting on behalf of the property owner involved.
