Get the Defense You Need for Navigating Complicated Legal Boundaries
For many people, graffiti is an art and a form of self-expression. Some
popular street artists, like Banksy and Keith Haring, have made a name
for themselves and are lauded in major cities throughout the world like
Paris, New York City, and beyond. Generally speaking, though, graffiti
is classified as vandalism in Texas and throughout the U.S. In fact, defacing
any type of property with graffiti is a criminal offense in Texas that
can lead to jail time and expensive fines.
You most often see graffiti in major cities, but it can actually be found
in small towns and in many different areas. Even ancient cities have displayed
evidence of graffiti in the form of worship symbols, but nowadays, the
public opinion on graffiti is a bit less sacred and a bit more more polarizing.
Some consider it a form of art, while others consider it a menace and
a stain on their neighborhoods.
Some even compare graffiti to the broken window theory. The broken window
theory was introduced in 1982 by social scientists James Q. Wilson and
George L. Kelling, who believed that even minor criminal acts create an
environment within a community that leads to more serious crime. They
believed that what begins as a broken window can evolve into more broken
windows, a wall of graffiti, and an environment of disarray. It is the
mindset of this theory that makes graffiti undesirable in certain communities,
even if the perpetrator intended their statement to be a form of art or
self-expression.
What Is Classified as Vandalism?
The term “vandalism” describes conduct that defaces or damages public or private property.
In other words, it is the willful destruction or damaging of property
that diminishes its value. Although graffiti is typically made for artistic
merit, to praise a particular group, to make a political statement, or
to claim territory, graffiti artists diminish the value of the property
while doing so.
There are some key elements that qualify a crime as vandalism, and as we
go through these, we can see the connection to these definitions and graffiti:
Although the word “damage” might be subjective to some, and
some might consider graffiti an enhancement, the act itself technically
does damage to a property. This is because, when done without permission
of the owner, it prevents the property from functioning properly and from
being in line with the owner’s intentions.
This factor plays a key role in differentiating between vandalism and art.
Graffiti is not a crime in and of itself unless it is gang related. Graffiti
is only vandalism if it is done on the property of another person without
their permission. Therefore, unless the art violates a specific HOA or
other geographical set of rules, you are free to decorate your house in
the way you please. Furthermore, commissioned street art and murals from
a professional artist like Banksy do not qualify as vandalism.
One important aspect to remember about vandalism is that it is not a crime
that is committed by mistake. For example, if you are painting your house
and spill some of the paint on the neighbor’s property, that would
not quality as vandalism. However, you would still be legally obligated
to pay for the damage sustained.
How Do You Prove Innocence in Vandalism?
If you are charged with vandalism, the classifications of criminal charges
vary depending on the value of the property damage. Under Texas Law, this
offense is punishable under a Class C, B, or A misdemeanor, or it can
be considered a state jail felony of the third, second, or first degree,
depending on the level of damage.
You can be charged with committing “Graffiti” specifically under
Tex. Penal Code Ann. § 28.08 if you intentionally draw, paint, spray paint, make marks on, or inscribe
on the property of another person. In order to form a proper defense against
vandalism, we will need to prove that malicious intent was not involved
with the destruction or damage of property. For that reason, one of the
most effective defense routes is to describe the damage as an accident,
but this will involve strategically presented proof. It will help to have
an experienced and hardworking lawyer like Derek A. Adame on your side
if you are faced with graffiti or vandalism charges.
If you are in need of vandalism defense or other forms of criminal defense,
call Derek A. Adame, Attorney at Law at {F:P:Sub:Phone} or
contact us online.