North Carolina General Statutes 14-127.1. Graffiti vandalism
(a) As used in this section, “graffiti vandalism” means to unlawfully write or scribble on, mark, paint, deface, or besmear the walls of (i) any real property, whether public or private, including cemetery tombstones and monuments, (ii) any public building or facility as defined in N.C. Gen. Stat. § 14-132, or (iii) any statue or monument situated in any public place, by any type of pen, paint, or marker regardless of whether the pen or marker contains permanent ink, paint, or spray paint.
(b) Except as otherwise provided in this section, any person who engages in graffiti vandalism is guilty of a Class 1 misdemeanor. A person convicted of a Class 1 misdemeanor under this subsection shall be fined a minimum of five hundred dollars ($500.00) and, if community or intermediate punishment is imposed, shall be required to perform 24 hours of community service.
(c) Any person who violates subsection (a) of this section shall be guilty of a Class H felony if all of the following apply:
(1) The person has two or more prior convictions for violation of this section.
Attorney's Note
Under the N.C. Gen. Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class H felony | between 4 and 25 months | |
| Class 1 misdemeanor | up to 120 days |
Terms Used In North Carolina General Statutes 14-127.1
- Conviction: A judgement of guilt against a criminal defendant.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(2) The current violation was committed after the second conviction for violation of this section.
(3) The violation resulting in the second conviction was committed after the first conviction for violation of this section. (2015-72, s. 1.)