The Law for Young People

        Topic - Graffiti

It is an offence to put graffiti onto anything which does not belong to you, unless you have permission of the owner to do so.

If you wilfully damage or destroy the property, you may be charged for Wilful Damage (Criminal Code s.469).

If the property being damaged or destroyed is in a public place or it is visable from a public place and is caused by spraying, marking, drawing or applying paint, You may be charged for Graffiti ( Criminal Code. s.469. 9.(1) ).

If the graffiti involves obscene or indecent language or drawings, you may get a tougher sentence ( Criminal Code. s.469. 9.(2) ).

If the graffiti is on a school, or other place used for education (University, TAFE, you may also get a tougher sentence ( Criminal Code. s.469. 10.(1) ).

If you are in POSSESSION of a "Graffiti Instrument"(eg.spray can, pen etc) without lawful excuse, and there is suspicion that the instruments has been used or will be used for unlawful graffiti, you may be charged for 'Possession of a graffiti instrument' (Vagrants, Gaming and Other Offences Act 1931, s37C(1).

Disclaimer

The information contained in this site is only relevant to people in Queensland, Australia. The information contained in this publication should not be regarded as a substitute for professional advice and no responsibility is accepted for any errors or omissions or any loss or damage resulting from reliance on this. The information in this site should only be used as a guide to the law and workers should also consider personal ethics and organisational policy prior to taking action.

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