§ 28-524 — Graffiti; penalty

Nebraska § 28-524

• Jurisdiction: Nebraska
• Ch. 28: Crimes and Punishments

Text

(1) Any person who knowingly
and intentionally applies graffiti of any type on any building, public or
private, or any other tangible property owned by any person, firm, or corporation
or any public entity or instrumentality, without the express permission of
the owner or operator of the property, commits the offense of unauthorized
application of graffiti.
(2) Unauthorized
application of graffiti is a Class III misdemeanor for a first offense and
a Class IV felony for a second or subsequent offense.
(3) Upon conviction of
an offense under this section, the court may, in addition to any other punishment
imposed, order the defendant to clean up, repair, or replace the damaged property,
keep the defaced property or another specified property in the community free
of graffiti or other inscribed materials for up to one year, or order a combination
of restitution and labor.
(4) Upon conviction of an offense under this section, the court
may, in addition to any other punishment imposed, order the defendant to undergo
counseling.
(5) Upon conviction of an offense under this section, the court
may, in addition to any other punishment imposed, order the suspension of
the defendant's motor vehicle operator's license for up to one year. A copy
of an abstract of the court's conviction, including an adjudication of a juvenile,
shall be transmitted to the director pursuant to sections 60-497.01 to 60-497.04 .
(6) For purposes
of this section, graffiti means any letter, word, name, number, symbol, slogan,
message, drawing, picture, writing, or other mark of any kind visible to the
public that is drawn, painted, chiseled, scratched, or etched on a rock, tree,
wall, bridge, fence, gate, building, or other structure. Graffiti does not
include advertising or any other letter, word, name, number, symbol, slogan,
message, drawing, picture, writing, or other mark of any kind lawfully placed
on property by an owner of the property, a tenant of the property, or an authorized
agent for such owner or tenant.

Legislative History

Source: Laws 2009, LB63, § 6.