1.1 	A bill for an act
1.2 	relating to crimes; prohibiting making graffiti; providing incarcerative and 
1.3 	intermediate sanctions;amending Minnesota Statutes 2006, section 617.90.
1.4 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5 	Section 1. Minnesota Statutes 2006, section 617.90, is amended to read:
1.6 	617.90 GRAFFITI DAMAGE ACTION.
1.7 		Subdivision 1.Definition Definitions. For purposes of this section, the following 
1.8 	terms have the meanings given them.
1.9 	(a) "Graffiti" means unauthorized markings of paint, dye, or other similar substance 
1.10 	that have been placed on real or personal property such as buildings, fences, transportation 
1.11 	equipment, or other structures, or the unauthorized etching or scratching of the surfaces 
1.12 	of such real or personal property, any of which markings, scratchings, or etchings are 
1.13 	visible from premises open to the public.
1.14 	(b) "Graffiti implement" means any aerosol can, bottle, spray device, or other 
1.15 	mechanism designed to dispense paint or a similar substance under pressure; indelible 
1.16 	marker; paint stick; adhesive label; and engraving device capable of leaving a visible 
1.17 	mark on a natural or man-made surface.
1.18 	(c) "Public or private property" includes any building, bridge, fence, or other 
1.19 	structures; any street, alley, sidewalk, or other vehicular or pedestrian right-of-way; any 
1.20 	article of street furniture, lamppost, bus shelter, newspaper box, or trash receptacle; any 
1.21 	tree, rock, or other natural fixture; any utility or public service equipment; or any other 
1.22 	personal property located outdoors, whether publicly or privately owned.
1.23 	(d) "Minor" means a person under the age of 18.
2.1 		Subd. 2.Act. It is unlawful for any person or minor to make graffiti with a graffiti 
2.2 	implement on public or private property.
2.3 		Subd. 2 3.Cause of action Penalties. An action for damage to property caused 
2.4 	by graffiti may be brought by the owner of public or private property on which graffiti 
2.5 	has been placed. Damages may be recovered for three times the cost of restoring the 
2.6 	property, or the court may order a defendant to perform the work of restoring the property. 
2.7 	Damages may be recovered from an individual who placed graffiti on public or private 
2.8 	real or personal property or from the parent of a minor individual. The liability of the 
2.9 	parent is limited to the amount specified in section 540.18. The court may award attorney 
2.10 	fees and costs to a prevailing plaintiff. (a) A person violating subdivision 2 is guilty of 
2.11 	a crime punishable by a fine of $250 for the first offense; $500 for the second offense; 
2.12 	and $1,000 for each subsequent offense, or by imprisonment for a term not to exceed 30 
2.13 	days, or by both fine and imprisonment.
2.14 	(b) In addition to any punishment specified in paragraph (a), the court shall order the 
2.15 	violator to make restitution to the victim for damages or loss caused directly or indirectly 
2.16 	by the violator's offense in the amount or manner determined by the court. In the case of 
2.17 	a minor, the parents or legal guardians shall be ordered jointly and severally liable with 
2.18 	the minor to make the restitution.
2.19 	(c) In lieu of, or as part of, the penalties specified in paragraphs (a) and (b), a minor 
2.20 	or adult may be required to perform community service as ordered by the court based 
2.21 	on the following minimum requirements:
2.22 	(1) the minor or adult shall perform at least 30 hours of community service;
2.23 	(2) at least one parent or guardian of the minor shall be in attendance a minimum of 
2.24 	50 percent of the period of assigned community service;
2.25 	(3) the entire period of community service shall be performed under the supervision 
2.26 	of a community service provider approved by the court; and
2.27 	(4) reasonable effort shall be made by the court to assign the minor or adult to a type 
2.28 	of community service that is reasonably expected to have the most rehabilitative effect on 
2.29 	the minor or adult, including community service that involves graffiti removal.
2.30 	(d) In addition to the penalties specified in paragraphs (a) to (c), the driver's license 
2.31 	of any violator of this section shall be suspended for at least 365 days. If the violation 
2.32 	is committed by a person under the age of 16 or prior to obtaining a driver's license, 
2.33 	the violator's ability to apply for a driver's license shall be delayed for at least 365 days 
2.34 	following the date the violator reaches the age of 18.

2.35 	Sec. 2. EFFECTIVE DATE.
 3.1 	Section 1 is effective August 1, 2007, and applies to crimes committed on or after 
3.2 	that date.