AN ACT TO CREATE THE CRIMINAL OFFENSE OF GRAFFITI VANDALISM. Enacted June 11, 2015. Effective December 1, 2015.
Summary date: Jun 15 2015 - View summary
Summary date: May 27 2015 - View summary
Senate amendment makes the following changes to the 3rd edition.
Amends proposed GS 14-127.1 concerning penalties for graffiti vandalism making changes to the aggravating factors for the act of graffiti vandalism to be considered a Class H felony, providing that anyone that has committed the act of graffiti vandalism and also has (1) two or more prior convictions of graffiti vandalism, (2) with the current violation being committed after the second conviction for graffiti vandalism, and (3) the violation resulting in the second conviction was committed after the first such conviction for graffiti vandalism, is guilty of a Class H felony (previously, aggravating factors to be guilty of a Class H felony were having two or more convictions for graffiti vandalism and having committed five or more acts of graffiti vandalism within a 60-day period).
House amendment makes the following changes to the 2nd edition:
Amends GS 14-127.1, Graffiti vandalism, deleting an aggravating factor which causes the offense of graffiti vandalism to be a Class H felony, removing language which required the felony charge if the cost to repair the damage due to the violation was over $1,000.
House committee substitute makes the following changes to the 1st edition.
Amends proposed GS 14-127.1 concerning the offense of graffiti vandalism, making clarifying changes as well as changing the aggravated offense of graffiti vandalism to a Class H (was, Class I) felony and adds the new aggravating factor for a person who has committed five or more violations of the section within a 60-day period, they are guilty of a Class H felony. Deletes language concerning the consolidation of those offenses.
Summary date: Apr 2 2015 - View summary
Enacts new GS 14-127.1 to make it illegal to engage in graffiti vandalism, which is defined as unlawfully writing or scribbling on, marking, painting, defacing, or besmearing the walls of (1) any real property, whether public or private, including cemetery tombstones and monuments; (2) any public building or facility; or (3) any statue or monument situated in any public place, by any type of pen, paint, or marker regardless of whether the pen or marker contains permanent ink, paint, or spray paint. Violations are a Class 1 misdemeanor with a minimum fine of $500 and a requirement to perform 24 hours of community service. Increases the penalty to a Class I felony if: (1) the cost to repair damage caused by the violation is in excess of $1,000 or (2) the person has two or more prior convictions for violation of this statute. Provides for the consolidation of five or more violations occurring within 60 days in a single session of district court or in a single week of superior court.
Makes conforming changes to GS 14-132(d).
Applies to offenses committed on or after December 1, 2015.