CHAPTER 68

FORMERLY

SENATE BILL NO. 87

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

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 §812, Title 11, Delaware Code, by deleting that section in its entirety and by substituting in lieu thereof, a new §812 to read as follows:

Ҥ812. Graffiti and Graffiti Implements.

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

(b) A person is guilty of possession of graffiti implements when he possesses any tool, instrument, article, substance, solution or other compound designed or commonly used to etch, paint, cover, draw upon or otherwise place a mark upon a piece of property which that person has no permission or authority to etch, paint, cover, draw or otherwise mark, under circumstances evidencing an intent to use the same in order to damage such property.

(c) The penalty for a first offense under this section 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 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 nonsuspendable 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 June 28, 2005