Q:  What's the big deal? Graffiti vandalism doesn't hurt me personally.
A:  Wrong - graffiti hurts everyone. Graffiti vandalism costs taxpayers over seven billion dollars a year in clean up costs alone. Another eight billion dollars is spent on law enforcement and court costs. Graffiti reduces property values, redirecting funds that could be used for improving neighborhood conditions. Graffiti vandalism creates fear in a community, making people feel unsafe. It can also be an invitation for more serious crime.

Q:  Is all graffiti gang related?
A:  No, in fact, less than 10% of graffiti in the United States is gang related. In Santa Clara County, the figure is closer to 4%. The majority of graffiti is called tagging and is committed by either individuals or groups called "crews". Their goal is to gain fame and recognition by putting their tag on as many places as possible.

Q:  Who commits graffiti vandalism and why?
A:  There isn't one type of person who engages in graffiti vandalism. Taggers come from all walks of life. Although there are many reasons why people "tag", the main reason is to display their moniker for all to see, bringing them attention, fame and recognition.

Q:  What are the penalties for graffiti vandalism?
A:  Graffiti penalties have increased dramatically over the last few years. In Santa Clara County, graffiti offenders will:

• Be cited and released to their parents OR arrested and taken to juvenile hall or jail (depending on their age).
• Lose their driver's license for one year. If they don't have a license, issuance will be delayed for 1 year after they are eligible up to the age of 21.
• Go before a Neighborhood Accountability Board with their parents and agree to the terms of a contract, which will include completing a minimum of 66 hours of community service (first-time offenders) and participation in life-skills classes, if under 18 years old.
• Go back to a Neighborhood Accountability Board with their parents and agree to the terms of a contract, which will include completing a minimum of 132 hours of community service (second-time offenders), if under 18 years old.
• Attend special graffiti classes with their parents), if under 18 years old.

In addition to the above penalties, offenders may also be required to:

• Pay restitution to the victims.
• Purchase paint and materials to maintain a specific area free of graffiti for up to one year (in some cases, parents may be assigned to this program).
• Be on probation for up to three (3) years.
• Have a search and seizure clause in their probation orders. This allows local law enforcement officers to come into the vandal's home at any time and look for graffiti paraphernalia - books, magazines, spray cans, marking pens, etching tools, etc. This not only affects the vandal, but affects their family too.
• Be placed on house arrest and made to pay for the ankle monitoring service.

California State Law

• Graffiti damage up to $400 is punishable by up to one (1) year in jail, $10,000 fine or both.
• Graffiti damage of $400 or more can be punished as a FELONY - even if the vandal is a minor - by up to three (3) years in state prison and a fine of up to $50,000.
• Graffiti on a place of worship can be treated as a Felony punished by up to three (3) years in State Prison.
• Graffiti with acid or caustic substances can be punished by up to three (3) years in State Prison and fined up to $50,000.

Parents and guardians of minors who commit graffiti

• May be prosecuted for failing to supervise their children and sentenced to 1 year in jail and/or $2,500.
• Are responsible for damage caused by willful misconduct of their children - including repairs and attorney fees up to $10,000.
• Are liable for up to $25,000 in damages when a minor's willful misconduct results in injury to the property of another.
• Can be ordered to maintain specific property graffiti free for up to 240 days.

Storekeepers and suppliers

• In San Jose, storekeepers and suppliers must keep all spray paint and permanent markers with a tip exceeding four (4) millimeters in width locked up, requiring assistance from a store employee. According to state law, any storekeeper or supplier who illegally sells or supplies graffiti tools to a minor is in violation of a misdemeanor punishable by a $1,000 fine.