Felony Offenses in the Texas Penal Code

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Texas Penal Code, Section 28.08 - Graffiti

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

§ 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 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.

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