Graffiti Laws

Question 1

What is the statue of limitations of graffiti offences?

Answer 1

2 Years

Question 2

What are the elements of “Marking premises or property” (Graffiti)

Answer 2

• The accused
• Intentionally
• marks any property/premises
• Without Consent
• Without reasonable excuse

Question 3

What is the circumstance of aggravation for graffiti

Answer 3

(a) by means of any graffiti implement, or

(b) in such a manner that the mark is not readily removable by wiping or by the use of water or detergent.

Question 4

What legislation covers graffiti offences?

Answer 4

Graffiti Control Act 2008 (NSW), Section 4

Question 5

T/F: A person can be sentenced to imprisonment for a first offence of graffiti?

Answer 5

False

Question 6

When can a person be sentenced to imprisonment for graffiti?

Answer 6

If they have been previously sentenced for a graffiti offence

“on so many occasions that the court is satisfied that the person is a serious and persistent offender and is likely to commit such an offence again.”

Question 7

What section outlines chalk on footpath?

Answer 7

Graffiti Control Act 2008 (NSW), Section 4 (5)

Question 8

Can somebody be charged with a graffiti offence for marking a footpath with chalk?

Answer 8

No - Graffiti Control Act 2008 (NSW), Section 4 (5)

Question 9

What are the penalties for graffiti offences?

Answer 9

Normal - 4 penalty unit

Aggravated - 20 penalty units / 12 months imprisonment