Joined: Mar 17, 2005
Location: Staten Island
|Posted: Tue Mar 11, 2008 8:56 am Post subject: PARENT'S RESPONSIBILITY...LAWS TO COMBAT GRAFFITI
From Tue Mar 11, 2008 3:00 am to Fri Mar 21, 2008 2:59 am (included)
|Parents should be aware that the District Attorney's Office will prosecute offenders to the fullest.
You need to get involved because you will be held responsible.
LAWS TO COMBAT GRAFFITI
NEW YORK CITY ADMINISTRATIVE CODE SECTION 10-117 Subdivision:
(a) penalizes acts commonly known as graffiti vandalism. (NYC Penal Law section 145.60 “Making Graffiti,” a Class A misdemeanor, prohibits the same conduct.)
(b) bans anyone possessing aerosol spray paint or broad tipped indelible markers in a public building or facility with the intent to make graffiti. (Penal Law section 145.65 “Possession of Graffiti Instruments,” a Class B misdemeanor, penalizes same conduct except it is not confined to a public building or facility. Anyone intending to make graffiti anywhere may be convicted.)
(c) restricts the sale of these items to persons under eighteen years of age
(d) prohibits sellers of aerosol spray paint and indelible markers from displaying these items in their stores. (Only facsimiles which do not contain paint, ink or etching acids may be displayed.) Violations of subdivisions (c) and (d) are punishable by civil penalties of up to five hundred dollars ($500).
The New York State Penal Law sections 145.00, 145.05, 145.10, and Criminal Mischief, may also be charged against someone making graffiti.
• Criminal Mischief depends on the dollar value of the property damaged.
• Fourth Degree is Class A misdemeanor.
• Third Degree is Class E felony. Damaging property valued at more than two hundred fifty dollars ($250).
• Second Degree is Class D felony. Damaging property valued at more than fifteen hundred dollars ($1,500).
New York State General Obligations Law Section 3-112, provides that a parent or other lawful guardian of a child older than ten years of age, but less than eighteen years of age, shall be liable for the damage caused by any such child who willfully, maliciously, or unlawfully damages or destroys real or personal property owned or maintained by another.
New York State General Municipal Law, Section 78-a, Education Law sections 1604, 1709, 2503, 2554, and 2590-g, and Executive Law section 171 give this same right to various governmental actors having control over public property. These sections permit pubic officers to bring a civil action to recover damages up to two thousand five hundred dollars ($2,500) from the parents of children over ten years of age but under eighteen years of age, who damage public property with graffiti.