SB116 SUB1
Senate Bill 116 History
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COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 116
(By Senators Jenkins and McCabe)
____________
[Originating in the Committee on the Judiciary;
reported February 15, 2013.]
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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; allowing for aggregation of valuations for penalty
purposes; 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) Notwithstanding the provisions of subsection (b) of this
section, 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
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.
(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.