CHAPTER 377

FORMERLY

HOUSE BILL NO. 490

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO GRAFFITI AND POSSESSION OF 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 of the Delaware Code by striking said section in its entirety and substituting in lieu thereof the following:

Ҥ812. Graffiti and Possession of Graffiti Implements; class G felony; class A misdemeanor; class B misdemeanor.

(a)(1) A person is guilty of the act of graffiti when the person intentionally, knowingly or recklessly draws, paints, etches or makes any significant mark or inscription upon any public or private, real or personal property of another without the permission of the owner.

(2) Graffiti is a class A misdemeanor, unless the property damage caused thereby exceeds $1500.00, in which case it is a class G. Felony. The penalty for graffiti shall include a minimum fine of not less than $500.00 which shall not be subject to suspension, 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. The minimum fine and community service hours shall be doubled for a second or subsequent conviction of an act of graffiti.

(b)(1) A person is guilty of possession of graffiti implements when the person 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 upon or otherwise mark, under circumstances evidencing an intent to use the same in order to commit an act of graffiti or damage such property.

(2) Possession of graffiti implements is a class B misdemeanor. The penalty for possession of graffiti implements shall include a minimum fine of not less than $500.00 which shall not be subject to suspension, restitution for damages to the property and 100 hours of community service, at least half of which shall be served removing graffiti on public property. The minimum fine and community service hours shall be doubled for a second or subsequent conviction of possession of graffiti implements.”

Section 2. The Criminal Justice Coordinator shall monitor this act for one year following enactment to measure its impact in terms of arrests and prosecutions and shall report back to bill’s prime sponsors on or before July 15, 2009.

Approved July 16, 2008