Minnesota Session Laws - 2004, Regular Session

                             CHAPTER 149-S.F.No. 40 
                  An act relating to civil actions; graffiti; allowing 
                  the recovery of damages for graffiti; proposing coding 
                  for new law in Minnesota Statutes, chapter 617. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [617.90] [GRAFFITI DAMAGE ACTION.] 
           Subdivision 1.  [DEFINITION.] For purposes of this section 
        "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. 
           Subd. 2.  [CAUSE OF ACTION.] 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 540.18.  The court may award attorney fees and costs to 
        a prevailing plaintiff. 
           Sec. 2.  [EFFECTIVE DATE; APPLICATION.] 
           Section 1 is effective August 1, 2003, and applies to 
        causes of action arising on or after that date. 
           Presented to the governor March 30, 2004 
           Signed by the governor April 2, 2004, 12:50 p.m.