28-524 Graffiti; penalty. - Nebraska Statutes

28-524. Graffiti; penalty.(1) Any person who knowinglyand intentionally applies graffiti of any type on any building, public orprivate, or any other tangible property owned by any person, firm, or corporationor any public entity or instrumentality, without the express permission ofthe owner or operator of the property, commits the offense of unauthorizedapplication of graffiti.(2) Unauthorizedapplication of graffiti is a Class III misdemeanor for a first offense anda Class IV felony for a second or subsequent offense.(3) Upon conviction ofan offense under this section, the court may, in addition to any other punishmentimposed, order the defendant to clean up, repair, or replace the damaged property,keep the defaced property or another specified property in the community freeof graffiti or other inscribed materials for up to one year, or order a combinationof restitution and labor.(4) Upon conviction of an offense under this section, the courtmay, in addition to any other punishment imposed, order the defendant to undergocounseling.(5) Upon conviction of an offense under this section, the courtmay, in addition to any other punishment imposed, order the suspension ofthe defendant's motor vehicle operator's license for up to one year. A copyof an abstract of the court's conviction, including an adjudication of a juvenile,shall be transmitted to the director pursuant to sections 60-497.01 to 60-497.04.(6) For purposesof this section, graffiti means any letter, word, name, number, symbol, slogan,message, drawing, picture, writing, or other mark of any kind visible to thepublic that is drawn, painted, chiseled, scratched, or etched on a rock, tree,wall, bridge, fence, gate, building, or other structure. Graffiti does notinclude advertising or any other letter, word, name, number, symbol, slogan,message, drawing, picture, writing, or other mark of any kind lawfully placedon property by an owner of the property, a tenant of the property, or an authorizedagent for such owner or tenant. SourceLaws 2009, LB63, § 6.