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Legal Aspects of Graffiti
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Trespassing
Trespassing is entering someone's property without permission. Graffiti artists often trespass to access prime locations for their work.
Public Property
Public property is owned by the government. Graffiti on such property can still be illegal if not commissioned by the government.
Restitution
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.
Juvenile Adjudication
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.
Intellectual Property
Intellectual property refers to creations of the mind, such as art. Graffiti art, when original, may be protected under intellectual property laws.
Defacement
Defacement involves the spoiling of appearance or surface. Graffiti is often charged as defacement as it can alter the look of structures without consent.
First Amendment
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.
Community Service
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.
Ordinance
An ordinance is a local law or regulation. Cities may have specific ordinances targeting graffiti, dictating allowable locations, penalties, and cleanup responsibilities.
Vandalism
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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