Sec. 28.08. GRAFFITI. (a) A person commits an offense if, 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:
(1) paint;
(2) an indelible marker; or
(3) an etching or engraving device.
(b) Except as provided by Subsection (d), an offense under this section is:
(1) a Class C misdemeanor if the amount of pecuniary loss is less than $100;
(2) a Class B misdemeanor if the amount of pecuniary loss is $100 or more but less than $750;
(3) a Class A misdemeanor if the amount of pecuniary loss is $750 or more but less than $2,500;
(4) a state jail felony if the amount of pecuniary loss is $2,500 or more but less than $30,000;
(5) a felony of the third degree if the amount of pecuniary loss is $30,000 or more but less than $150,000;
(6) a felony of the second degree if the amount of pecuniary loss is $150,000 or more but less than $300,000; or
(7) a felony of the first degree if the amount of pecuniary loss is $300,000 or more.
(c) When more than one item of tangible property, belonging to one or more owners, is marked in violation of this section pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense, and the amounts of pecuniary loss to property resulting from the marking of the property may be aggregated in determining the grade of the offense.
(d) An offense under this section is a state jail felony if:
(1) 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
(2) the amount of the pecuniary loss to real property or to tangible personal property is $750 or more but less than $30,000.
(e) In this section:
(1) "Aerosol paint" means an aerosolized paint product.
(2) "Etching or engraving device" means a device that makes a delineation or impression on tangible property, regardless of the manufacturer's intended use for that device.
(3) "Indelible marker" means a device that makes a mark with a paint or ink product that is specifically formulated to be more difficult to erase, wash out, or remove than ordinary paint or ink products.
(4) "Institution of higher education" has the meaning assigned by Section 481.134, Health and Safety Code.
(5) "School" means a private or public elementary or secondary school.
Added by Acts 1997, 75th Leg., ch. 593, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 166, Sec. 1, 2, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 695, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1420, Sec. 16.001, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 639 (H.B. 1633), Sec. 4, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 8, eff. September 1, 2015.
Notes of Decisions
Cited in
26
cases, 1992–2015 · leading case:
Guin v. State, 209 S.W.3d 682 (Tex. App.—Texarkana 2006).
Guin v. State, 209 S.W.3d 682 (Tex. App.—Texarkana 2006).
“Tex. Penal Code Ann. § 28.03 (3) (Vernon Supp.”
Lackey v. State, 290 S.W.3d 912 (Tex. App.—Texarkana 2009).
“See Tex. Penal Code ANN. § 28.08(b)(2). A court of appeals may reform a judgment of conviction to reflect conviction of a lesser-included offense if (1) the court finds that the evidence is legally insufficient to support conviction of the charged offense, but sufficient to…”
Barbara Holz v. State, 418 S.W.3d 651 (Tex. App.—Texarkana 2009).
· cites it 2× “*657 He described the “terrible smell emanating from the house” and told the jury that the earlier house was eventually bulldozed. A person commits criminal mischief if he or she, without the effective consent of the owner, intentionally or knowingly damages or destroys the…”
Cullen v. State, 832 S.W.2d 788 (Tex. App.—Austin 1992).
“Paul Stedman Cullen appeals his conviction for criminal mischief, see Tex.Penal Code Ann. § 28.08 (1989 & Supp.”
Charles M. Harvey v. State, 116 S.W.3d 816 (Tex. App.—Fort Worth 2003).
· cites it 3× “See Tex. Penal Code Ann. § 28.08 (a)(2) (Vernon 2003).”
In the Matter of S.J.C., a Juv., 304 S.W.3d 563 (Tex. App.—El Paso 2010).
“was charged by petition with engaging in delinquent conduct in the form of marking with indelible marker on a bathroom sink, mirrors and tile walls in violation of Tex. Pen. Code Ann. § 28.08 . An attorney was appointed to represent the child, and with his attorney’s concurrence…”
in the Matter of B. D. S., No. 01-14-00762-CV (Tex. App.—Houston [1st Dist.] Apr. 20, 2015).
· cites it 4× “The Transcript is referenced to herein as [CR ] or [SUPPCR ] followed by a page and line reference.”
In re SJC, 304 S.W.3d 563 (Tex. App.—El Paso 2010).
“was charged by petition with engaging in delinquent conduct in the form of marking with indelible marker on a bathroom sink, mirrors and tile walls in violation of Tex. Pen.Code Ann. § 28.08. An attorney was appointed to represent the child, and with his attorney's concurrence…”
in the Matter of Y. S., No. 03-99-00866-CV (Tex. App.—Austin Aug. 31, 2000).
· cites it 4× “Officer Randy Hunt, a City of Austin Parks and Recreation Department police officer, testified that on January 15, 1999, he observed several people, some of whom he recognized as members of the Crip gang, congregating around a picnic table in Gillis Park.”
in the Matter of B. D. S., No. 01-14-00762-CV (Tex. App.—Houston [1st Dist.] June 16, 2015).
· cites it 2× “See TEX. PENAL CODE ANN. § 28.08 (Vernon 2014) (setting out offense of graffiti); see also TEX.”
in the Matter of M.S., No. 02-11-00041-CV (Tex. App.—Fort Worth Feb. 2, 2012).
· cites it 2× “An indelible marker is a “device that makes a mark with a paint or ink product that is specifically formulated to be more difficult to erase, wash out, or remove than ordinary paint or ink products.” Id. § 28.08(e)(3). Principal Tunnell testified that he believed that the…”
Tex. Penal Code § 28.08(a): 2 cases
Tex. Penal Code § 28.08(a)(1): 1 case
Tex. Penal Code § 28.08(a)(2): 1 case
in the Matter of B. D. S., No. 01-14-00762-CV (Tex. App.—Houston [1st Dist.] June 16, 2015).
“See TEX. PENAL CODE ANN. § 28.08 (Vernon 2014) (setting out offense of graffiti); see also TEX.”
Tex. Penal Code § 28.08(b)(2): 1 case
Lackey v. State, 290 S.W.3d 912 (Tex. App.—Texarkana 2009).
“See Tex. Penal Code ANN. § 28.08(b)(2). A court of appeals may reform a judgment of conviction to reflect conviction of a lesser-included offense if (1) the court finds that the evidence is legally insufficient to support conviction of the charged offense, but sufficient to…”
Tex. Penal Code § 28.08(d): 1 case
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