76-6-107 - Graffiti defined -- Penalties -- Removal costs -- Reimbursement liability. - Utah Statutes

76-6-107. Graffiti defined -- Penalties -- Removal costs -- Reimbursement liability.
(1) "Graffiti" means any form of unauthorized printing, writing, spraying, scratching,affixing, or inscribing on the property of another regardless of the content or nature of the materialused in the commission of the act.
(2) "Victim" means the person or entity whose property was defaced by the graffiti andbears the expense for its removal.
(3) Graffiti is a:
(a) second degree felony if the damage caused is in excess of $5,000;
(b) third degree felony if the damage caused is in excess of $1,000;
(c) class A misdemeanor if the damage caused is equal to or in excess of $300; and
(d) class B misdemeanor if the damage caused is less than $300.
(4) Damages under Subsection (3) include removal costs, repair costs, or replacementcosts, whichever is less.
(5) The court, upon conviction or adjudication, shall order restitution to the victim in theamount of removal, repair, or replacement costs.
(6) An additional amount of $1,000 in restitution shall be added to removal costs if thegraffiti is positioned on an overpass or an underpass, requires that traffic be interfered with inorder to remove it, or the entity responsible for the area in which the clean-up is to take placemust provide assistance in order for the removal to take place safely.
(7) A person who voluntarily and at his own expense, removes graffiti for which he isresponsible may be credited for the removal costs against restitution ordered by a court.

Enacted by Chapter 142, 1996 General Session