Criminal Damage to Property by Defacing with Graffiti

Posted by & filed under Crimes Defined, Criminal Statutes, Property Crimes.

New Orleans Criminal Defense Attorney

 

Elizabeth B. Carpenter, Esq. — Property Crimes Defense Attorney

 

Contact Elizabeth B. Carpenter Law Firm if you have been accused of  property crime.  We would be happy to consult with you today.

 

Criminal Damage to Property 

 

Criminal Damage to Property by Defacing with Graffiti — 14:56.4

It shall be unlawful for any person to intentionally deface with graffiti immovable or movable property, whether publicly or privately owned, without the consent of the owner.

Penalties

Whoever commits the crime of simple criminal damage to property where the damage is less than $500.00 shall be fined not more than $1,000 dollars or imprisoned for not more than 6 months, or both.

Where the damage amounts to $500 dollars but less than $50,000 dollars, the offender shall be fined not more than $1,000 or imprisoned with or without hard labor for not more than 2 years, or both.

Where the damage amounts to $50,000 dollars or more, the offender shall be fined not more than $10,000 dollars or imprisoned with or without hard labor for not less than one nor more than 10 years, or both.

(1)  The court, in addition to any punishment imposed under the provisions of this Section, may order the offender to clean up, repair, or replace any property damaged by the act or to pay restitution to the owner of the damaged property.

(2)  The court may also order the offender to perform the following hours of community service:

(a)  For a first conviction, not to exceed thirty-two hours over a period not to exceed one hundred eighty days.

(b)  For a second or subsequent conviction, sixty-four hours over a period not to exceed one hundred eighty days.

If a minor is personally unable to pay a fine levied for acts prohibited by this Section or make restitution as may be ordered by the court, the parent or guardian of the minor shall be liable for payment of the fine or restitution.  A court may waive payment of the fine or restitution, or any part thereof, by the parent or guardian of the minor upon a finding of good cause.

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