Graffiti is a type of property crime and in some parts of the country, it’s seen virtually everywhere. From park benches to street signs, to buildings, lockers, railroad cars and even tractor trailers, graffiti can be seen on any available surface. In Texas, the offense of “graffiti” is criminalized under Section 28.08 of the Texas Penal Code. Under Sec. 28.08, a person commits the offense of “graffiti” if they intentionally and knowingly make the following upon property without the owner’s permission:
Graffiti can be prosecuted as a misdemeanor or a felony depending on the “amount of pecuniary loss.” In other words, the more the damage, the higher classification of the offense. That being said, let’s take a look at graffiti charges in Texas:
- Class C misdemeanor if the damage is less than $100.
- Class B misdemeanor if the loss is more than $100 but less than $750.
- Class A misdemeanor if the loss is more than $750 but less than $2,500.
- State jail felony if the loss is $2,500 to less than $30,000.
- Felony of the third degree if the loss is between $30,000 and $150,000.
- Felony of the second degree if the loss is between $150,000 and $300,000.
- Felony of the first degree if the loss is $300,000 or more.
Graffiti is a common juvenile crime, but it’s also frequently committed by gang members in connection with a gang. If you are a parent whose son or daughter has been caught defacing someone else’s property, you’re urged to contact our firm for help. To learn more about the penalties involved in the above graffiti crimes, see Title 3, Chapter 12 of the Texas Penal Code. Learn more about gang-related crimes here.