CHAPTER 28. ARSON, CRIMINAL MISCHIEF, AND OTHER PROPERTY DAMAGE OR
§ 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
(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
(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