Kennedy & Kennedy Attorneys at Law are TARRANT COUNTY CRIMINAL LAWYERS fort worth criminal defense lawyers fort worth criminal attorneys criminal defense fort worth criminal defense texas

Phone: 817-460-7171
Metro: 817-461-2800
CALL US TODAY
calls answered 24 hours

Kennedy & Kennedy Attorneys at Law | Criminal Defense Lawyers | Arlington, Fort Worth, TX | Tarrant County
Representing individuals charged with criminal offenses

Graffiti

Early intervention in a criminal case can often make the difference between facing misdemeanor or felony charges, or indeed whether or not any charges are filed at all. Please do not hesitate to contact our office and schedule a consultation to discuss the specific facts of your case.

§ 28.08. Graffiti, Texas Penal Code

(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) aerosol 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 B misdemeanor if the amount of pecuniary loss is less than $500;

(2) a Class A misdemeanor if the amount of pecuniary loss is $500 or more but less than $1,500;

(3) a state jail felony if the amount of pecuniary loss is $1,500 or more but less than $20,000;

(4) a felony of the third degree if the amount of pecuniary loss is $20,000 or more but less than $100,000;

(5) a felony of the second degree if the amount of pecuniary loss is $100,000 or more but less than $200,000; or

(6) a felony of the first degree if the amount of pecuniary loss is $200,000 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 less than $20,000.

(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.

TARRANT COUNTY CRIMINAL LAWYERS
Criminal Defense Attorneys Serving Arlington, Fort Worth & All of Tarrant County
Law Offices of Kennedy & Kennedy
303 West Abram Street
Arlington, Texas (TX) 76010
(817) 460-7171 Metro (817) 461-2800

The Law Offices of Kennedy & Kennedy is located in Arlington, Texas and our attorneys provide criminal defense representation for clients in Tarrant County, Arlington, Fort Worth, Mansfield, Grapevine, Southlake, Colleyville, Keller, Hurst, Euless, Bedford, Watauga, Richland Hills, North Richland Hills, Pantego, Dalworthington Gardens, Haltom City, Benbrook, White Settlement, Crowley, Saginaw, Haslet, Everman, Kennedale, Blue Mound, Grand Prairie, Burleson, River Oaks, Sansom Park, and Lake Worth.