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Legal Aspects of Graffiti

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Trespassing

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Trespassing is entering someone's property without permission. Graffiti artists often trespass to access prime locations for their work.

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Public Property

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Public property is owned by the government. Graffiti on such property can still be illegal if not commissioned by the government.

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Restitution

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Restitution is the act of restoring or compensating for loss or damage. Graffiti artists may be ordered to pay restitution for clean-up or repair costs.

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Juvenile Adjudication

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Juvenile adjudication is the legal process to determine whether a minor committed a criminal act. Young graffiti artists might go through this process instead of adult criminal court.

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Intellectual Property

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Intellectual property refers to creations of the mind, such as art. Graffiti art, when original, may be protected under intellectual property laws.

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Defacement

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Defacement involves the spoiling of appearance or surface. Graffiti is often charged as defacement as it can alter the look of structures without consent.

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First Amendment

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The First Amendment of the U.S. Constitution protects free speech. The application to graffiti is debated—whether it's a protected form of expression or an illegal act of vandalism.

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Community Service

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Community service is unpaid work to benefit the community, often assigned as punishment. Graffiti artists may receive community service sentences as part of restitution or rehabilitation efforts.

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Ordinance

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An ordinance is a local law or regulation. Cities may have specific ordinances targeting graffiti, dictating allowable locations, penalties, and cleanup responsibilities.

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Vandalism

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Vandalism is deliberate destruction or damage to public or private property. Graffiti, if done without permission, is considered an act of vandalism under the law.

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