Penal Code · §28.08
Graffiti
Elements
- Without the effective consent of the owner
- Intentionally or knowingly makes markings (inscriptions, slogans, drawings, or paintings)
- On the tangible property of the owner
- With paint, an indelible marker, or an etching/engraving device
Penalty
Value-based ladder mirroring criminal mischief (§28.08(b)): under $100 — Class C; $100–$749 — Class B; $750–$2,499 — Class A; $2,500–$29,999 — state jail felony; $30,000–$149,999 — 3rd degree; $150,000–$299,999 — 2nd degree; $300,000+ — 1st degree felony.
Enhancements
Bumped to next higher category (state jail felony minimum) if the markings are made on a school, institution of higher education, place of worship, public monument, community center, cemetery, or specified utility, regardless of value. Possession of paint/markers with intent under §28.08(d) is also chargeable.