SF 2119

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to crimes; prohibiting making graffiti; providing incarcerative and
intermediate sanctions; amending Minnesota Statutes 2006, section 617.90.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 617.90, is amended to read:

617.90 GRAFFITI DAMAGE ACTION.

Subdivision 1.

deleted text begin Definition deleted text end new text begin Definitions new text end .

For purposes of this section, new text begin the following
terms have the meanings given them.
new text end

new text begin (a) new text end "Graffiti" means unauthorized markings of paint, dye, or other similar substance
that have been placed on real or personal property such as buildings, fences, transportation
equipment, or other structures, or the unauthorized etching or scratching of the surfaces
of such real or personal property, any of which markings, scratchings, or etchings are
visible from premises open to the public.

new text begin (b) "Graffiti implement" means any aerosol can, bottle, spray device, or other
mechanism designed to dispense paint or a similar substance under pressure; indelible
marker; paint stick; adhesive label; and engraving device capable of leaving a visible
mark on a natural or man-made surface.
new text end

new text begin (c) "Public or private property" includes any building, bridge, fence, or other
structures; any street, alley, sidewalk, or other vehicular or pedestrian right-of-way; any
article of street furniture, lamppost, bus shelter, newspaper box, or trash receptacle; any
tree, rock, or other natural fixture; any utility or public service equipment; or any other
personal property located outdoors, whether publicly or privately owned.
new text end

new text begin (d) "Minor" means a person under the age of 18.
new text end

new text begin Subd. 2. new text end

new text begin Act. new text end

new text begin It is unlawful for any person or minor to make graffiti with a graffiti
implement on public or private property.
new text end

Subd. deleted text begin 2 deleted text end new text begin 3 new text end .

deleted text begin Cause of action deleted text end new text begin Penalties new text end .

deleted text begin An action for damage to property caused
by graffiti may be brought by the owner of public or private property on which graffiti
has been placed. Damages may be recovered for three times the cost of restoring the
property, or the court may order a defendant to perform the work of restoring the property.
Damages may be recovered from an individual who placed graffiti on public or private
real or personal property or from the parent of a minor individual. The liability of the
parent is limited to the amount specified in section . The court may award attorney
fees and costs to a prevailing plaintiff. deleted text end new text begin (a) A person violating subdivision 2 is guilty of
a crime punishable by a fine of $250 for the first offense; $500 for the second offense;
and $1,000 for each subsequent offense, or by imprisonment for a term not to exceed 30
days, or by both fine and imprisonment.
new text end

new text begin (b) In addition to any punishment specified in paragraph (a), the court shall order the
violator to make restitution to the victim for damages or loss caused directly or indirectly
by the violator's offense in the amount or manner determined by the court. In the case of
a minor, the parents or legal guardians shall be ordered jointly and severally liable with
the minor to make the restitution.
new text end

new text begin (c) In lieu of, or as part of, the penalties specified in paragraphs (a) and (b), a minor
or adult may be required to perform community service as ordered by the court based
on the following minimum requirements:
new text end

new text begin (1) the minor or adult shall perform at least 30 hours of community service;
new text end

new text begin (2) at least one parent or guardian of the minor shall be in attendance a minimum of
50 percent of the period of assigned community service;
new text end

new text begin (3) the entire period of community service shall be performed under the supervision
of a community service provider approved by the court; and
new text end

new text begin (4) reasonable effort shall be made by the court to assign the minor or adult to a type
of community service that is reasonably expected to have the most rehabilitative effect on
the minor or adult, including community service that involves graffiti removal.
new text end

new text begin (d) In addition to the penalties specified in paragraphs (a) to (c), the driver's license
of any violator of this section shall be suspended for at least 365 days. If the violation
is committed by a person under the age of 16 or prior to obtaining a driver's license,
the violator's ability to apply for a driver's license shall be delayed for at least 365 days
following the date the violator reaches the age of 18.
new text end

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective August 1, 2007, and applies to crimes committed on or after
that date.
new text end