Texas Penal Code 28.08 – Graffiti
(a) A person commits an offense if, without the effective consent of the owner, the person intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner with:
(1) paint;
(2) an indelible marker; or
(3) an etching or engraving device.
(b) Except as provided by Subsection (d), an offense under this section is:
(1) a Class C misdemeanor if the amount of pecuniary loss is less than $100;
(2) a Class B misdemeanor if the amount of pecuniary loss is $100 or more but less than $750;
(3) a Class A misdemeanor if the amount of pecuniary loss is $750 or more but less than $2,500;
(4) a state jail felony if the amount of pecuniary loss is $2,500 or more but less than $30,000;
(5) a felony of the third degree if the amount of pecuniary loss is $30,000 or more but less than $150,000;
(6) a felony of the second degree if the amount of pecuniary loss is $150,000 or more but less than $300,000; or
(7) a felony of the first degree if the amount of pecuniary loss is $300,000 or more.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| State jail felony | between 180 days and 2 years | up to $10,000 |
| Class A misdemeanor | up to 1 year | up to $4,000 |
| Class B misdemeanor | up to 180 days | up to $2,000 |
Terms Used In Texas Penal Code 28.08
- Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
- Effective consent: includes consent by a person legally authorized to act for the owner. See Texas Penal Code 1.07
- Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Penal Code 1.07
- Misdemeanor: means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. See Texas Penal Code 1.07
- Owner: means a person who:
(A) has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; or
(B) is a holder in due course of a negotiable instrument. See Texas Penal Code 1.07 - Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
- Personal property: All property that is not real property.
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(c) When more than one item of tangible property, belonging to one or more owners, is marked in violation of this section pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense, and the amounts of pecuniary loss to property resulting from the marking of the property may be aggregated in determining the grade of the offense.
(d) An offense under this section is a state jail felony if:
(1) the marking is made on a school, an institution of higher education, a place of worship or human burial, a public monument, or a community center that provides medical, social, or educational programs; and
(2) the amount of the pecuniary loss to real property or to tangible personal property is $750 or more but less than $30,000.
(e) In this section:
(1) “Aerosol paint” means an aerosolized paint product.
(2) “Etching or engraving device” means a device that makes a delineation or impression on tangible property, regardless of the manufacturer’s intended use for that device.
(3) “Indelible marker” means a device that makes a mark with a paint or ink product that is specifically formulated to be more difficult to erase, wash out, or remove than ordinary paint or ink products.
(4) “Institution of higher education” has the meaning assigned by § 481.134, Health and Safety Code.
(5) “School” means a private or public elementary or secondary school.