I’m still at the office working on a project that is off the tracks on someone else’s end.
http://www.houstontx.gov/graffiti/facts.html
“The penalty for tagging in Houston can be a misdemeanor if damage is less than $500. Committing a graffiti act can also be a felony if damages are more than $500. The degree of the felony depends on the amount of damage done. A misdemeanor includes a fine or time in jail, or both. It is a city ordinance that no one under 17 may purchase “implements of graffiti.” This includes spray paint or big tipped markers. Houston treats graffiti as a crime, not a prank.”
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The crime can be prosecuted after the fact. They can hold a trial and present evidence (especially when the artist includes the “tag” among his flickr or myspace album). Some are bold enough to ID pieces as their work in books. That would constitute an admission of guilt.
http://www.houstontx.gov/graffiti/itsacrime.html
STATE LAWS
Texas Penal Code §28.08 makes it a crime to intentionally or knowingly make markings with aerosol paint, indelible marker or an etching or engraving device on tangible property without consent of the owner. Markings can include inscriptions, slogans, drawings or paintings. Penalties are assessed based on the amount of loss suffered by the property owner and may range from fines up to $2000 and/or confinement for up to 180 days, up to fines of $10,000 and/or confinement for 5 to 99 years
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The state code makes no reference to paste-up posters or stickers.
http://library7.municode.com/default-test/template.htm?view=document&doc_action=setHitDoc&doc_hit=1
“Graffiti implement means an aerosol paint container, a permanent broad-tipped marker, a gum label, a paint stick, a graffiti stick, a graffiti cap, any etching equipment, a brush or any other device capable of scarring or leaving a visible mark on any natural or manmade surface.”
“Visual blight means any unauthorized graffiti or any other unauthorized form of painting, scratching, writing or inscription, including without limitation, initials, slogans or drawings, regardless of the content or nature of the material that has been applied to any wall, building, fence, sign, or other structure or surface and is visible from any public property or right-of-way or is visible from the private property of another person.”
Maybe “gum label” would cover stickers but it may not be broad enough to cover wheatpaste.
A BROAD interpretation of “or any other device capable of scarring or leaving a visible mark on any natural or manmade surface.” could include damage caused by pasting up (or more likely REMOVING) a pasteup.The code should be tightened to clear up this possible loophole.
Instead the main force of the legislation (locally) appears to be to force a property owner to clean it up or else face charges and fines. Blame the victim and line the city budget coffers.
“It shall be unlawful for any person to possess any graffiti implement while in or upon any public facility, building or structure owned or operated by the city or while in or within 50 feet of any underpass, bridge abutment, storm drain, or similar types of infrastructure unless otherwise authorized by the city.”
I wonder if this includes pens and markers (which are commonly used graffiti implements) even if you have no intention to use them in that manner and they do have other applicable uses.
The markers usually have to be a certain type to be considered under this law, but it probably depends on whatever the DA is willing to go after.
The problem is, if the damage was under $500, and therefore a misdemeanor, it can’t be prosecuted after the fact; it has to be committed within the presence of law enforcement. If damage is greater than $500 and is a felony, then is can be prosecuted after the fact. I guess we will just have to see if this “crime” was considered a misdemeanor or felony.