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SB408 SUB1 Senate Bill 408 History

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COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 408

(By Senators Jenkins, Plymale and Beach)

____________

[Originating in the Committee on the Judiciary;

reported February 10, 2012.]

____________

 

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-59, relating to crimes against property involving graffiti; defining offense and terms; and establishing penalties.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §61-3-59, to read as follows:

ARTICLE 3. CRIMES AGAINST PROPERTY.

§61-3-59. Graffiti.

    (a) As used in this section, “graffiti” means any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn, painted on or affixed to the public or private property, real or personal, of another, which defaces the property. As used in this section, “value of the loss” is determined by the cost of repair, replacement or restoration of the defaced property.

    (b) A person who places graffiti on or otherwise defaces the public or private property, real or personal, of another, without the permission of the owner where the value of the loss is less than $1,000, is guilty of a misdemeanor and, upon conviction thereof, for a first offense, shall be confined in jail not less than twenty-four hours nor more than six months or fined not more than $1,000, or both. For a second offense, the person is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail not less than forty-eight hours nor more than six months or fined not more than $2,000, or both. For third and subsequent offenses, the person is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than ninety days nor more than one year or fined not more than $10,000, or both.

    (c) A person who places graffiti on or otherwise defaces the public or private property, real or personal, of another, without the permission of the owner where the value of the loss is greater than $1,000, is guilty of a misdemeanor and, upon conviction, shall be confined in jail for not less than ninety days nor more than one year or fined not more than $10,000, or both.

    (d) If a person commits more than one offense under this section, pursuant to a common scheme or continuing course of conduct, the value of all property damaged or destroyed by that person in the commission of those offenses shall be aggregated for the purpose of determining the penalty prescribed in this section.

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