Law Office of Kimberly N. Shanklin, PLLC.
Serving Denton County Since 2002
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Graffiti

Graffiti

Chapter 28 of the Texas Penal Code sets the regulations and punishments involved with arson, criminal mischief, and other forms of property damage and destruction.

“Graffiti”, as per § 28.08 of the Texas Penal Code, occurs when a person, 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:

  • paint

  • an indelible marker; or

  • an etching or engraving device.

An offense under this section is:

  • a Class C misdemeanor if the amount of pecuniary loss is less than $100;

  • a Class B misdemeanor if the amount of pecuniary loss is $100 or more but less than $750;

  • a Class A misdemeanor if the amount of pecuniary loss is $750 or more but less than $2,500;

  • a state jail felony if the amount of pecuniary loss is $2,500 or more but less than $30,000;

  • a felony of the third degree if the amount of pecuniary loss is $30,000 or more but less than $150,000;

  • a felony of the second degree if the amount of pecuniary loss is $150,000 or more but less than $300,000; or

  • a felony of the first degree if the amount of pecuniary loss is $300,000 or more.

If 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 the amount of the pecuniary loss to real property or to tangible personal property is $750 or more but less than $30,000, it is a state jail felony.

Severity of Crime

Misdemeanor c

  • Fine not to exceed $500

Misdemeanor B

  • Confinement in jail for a term not to exceed 180 days

  • Fine not to exceed $2,000

  • Both such fine and confinement

Misdemeanor A

  • Confinement in jail for a term not to exceed one year

  • Fine not to exceed $4,000

  • Both such fine and confinement

State Jail Felony

  • Confinement in a state jail for not more than two years and not less than 180 days

  • In addition to confinement, may receive a fine not to exceed $10,000

Third Degree Felony

  • Imprisonment in the institutional division for not more than 10 years or less than two years

  • In addition to imprisonment, may receive a fine not to exceed $10,000

Second Degree FelonY

  • Imprisonment in the institutional division for not more than 20 years or less than two years

  • In addition to imprisonment, may receive a fine not to exceed $10,000

First Degree Felony

  • Imprisonment in the institutional division for life, or

  • Imprisonment in the institutional division for not more than 99 years or less than five years with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon

  • In addition to imprisonment, may receive a fine not to exceed $10,000