LD 1323
pg. 1
LD 1323 Title Page An Act To Create the Crime of Producing Graffiti Page 2 of 3
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LR 1260
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 15 MRSA §3314, sub-§1, ķE-1 is enacted to read:

 
E-1. For an adjudication under Title 17-A, section 808,
subsection 1, the court shall require the juvenile to make
restitution to the property owner in the amount of the cost
of removal of the graffiti or repair or replacement costs or
require the juvenile to clean up the graffiti. The court
also shall suspend the juvenile's driver's license for a
period of 6 months.__The court shall order a parent,
guardian or legal custodian to pay or cause to be paid all
restitution ordered pursuant to this paragraph if the
juvenile fails to comply with a restitution order.__After
notice and hearing and in accordance with the Maine Rules of
Criminal Procedure, Rule 42(d), the court may invoke its
contempt powers to enforce the restitution order that
applies to the juvenile or the juvenile's parent, guardian
or legal custodian.

 
Sec. 2. 17-A MRSA §§808 to 810 are enacted to read:

 
§808.__Graffiti

 
1.__A person is guilty of the crime of producing graffiti if
that person intentionally, knowingly or recklessly causes an
inscription, word, figure or design to be marked, etched,
scratched, drawn, painted or affixed in any way to property of
another knowing that the actor is not authorized to do so.__As
used in this section, "property of another" means property in
which any person or government other than the actor has an
interest upon which the actor is not privileged to infringe.

 
2.__Producing graffiti is a Class D crime.

 
3.__In addition to any other penalty imposed pursuant to this
section, the court shall order a person convicted of producing
graffiti to pay restitution pursuant to chapter 54 to the
property owner in the amount of the cost of removal of the
graffiti or repair or replacement costs or order the actor to
clean up the graffiti.

 
§809.__Possession of aerosol paint can with intent to produce

 
graffiti

 
1.__A person is guilty of possession of an aerosol paint can
with intent to produce graffiti if that person:


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