CHAPTER 464

FORMERLY

SENATE BILL NO. 254

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO GRAFFITI.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend Title 11, Delaware Code by adding thereto a new section to read as follows:

"§812. Graffiti

(a) A person is guilty of the act of graffiti when the person damages public or private real or personal property without the permission of the owner by knowingly, purposely or recklessly drawing, painting, or making any significant mark or inscription thereon.

(b) The penalty for a first offense of the act of graffiti shall be a mandatory fine of not less than $200 nor more than $1,000, the first $200 of which shall not be suspendable, plus restitution for the damages to the property and 200 hours of community service, at least half of which shall be served removing graffiti on public property.

For second and subsequent offenses, the non-suspendable portion of the fine shall increase to $500, and the hours of community service shall increase to 400.

() Portions of the fine may be used to pay for the cost of supplies for public property graffiti removal and supervision of such graffiti removal."

Approved July 17, 1998