What Is the Punishment for Graffiti Offenses?

While murals and street art are trending, graffiti remains a form of vandalism. Expressing yourself through art without permission from property owners can lead to serious criminal charges.

Is Graffiti Illegal?

Graffiti refers to unauthorized writings, markings, or drawings on public or private property. All states, as well as many municipalities, have laws that make it a crime to spray graffiti on public or private property that you don't own or have permission to use.

Graffiti crimes are common offenses, especially in larger, urban communities. While it might seem like a minor crime, being caught spraying graffiti can lead to some significant criminal consequences.

Other names for graffiti crimes include criminal property damage, property defacement, criminal mischief, and vandalism.

What Are the Criminal Consequences for Graffiti Crimes?

States differ in their punishment for graffiti crimes. Many graffiti crimes start as misdemeanors, but certain factors can push the crime up to a felony-level offense.

For instance, some states impose harsher penalties for:

• graffiti offenses involving more than $1,000 in property damage
• defacement of traffic signs, railroad property, public transportation equipment, or highway underpasses
• defacement of religious, educational, government, or memorial property
• acts of graffiti that are hate crimes or gang related, and
• repeat graffiti or property damage offenses.

Delaware, for one, doubles the minimum fine and community service hours for defendants who graffiti state byways. The state also makes it a felony to graffiti property when the damage exceeds $1,500. (Del. Code tit. 11, § 812 (2025).) In California, it's a felony to vandalize a place of worship when shown to be a hate crime. (Cal. Penal Code § 594.3 (2025).) Utah makes it a felony to cause more than $1,000 in graffiti damage. The maximum penalties range from one to 15 years of prison time. The state also tacks on an extra $1,000 in restitution if the removal of graffiti requires traffic to be diverted. (Utah Code § 76-6-107 (2025).)

In many graffiti cases, judges will order the defendant to either remove the graffiti (community service) or pay for the cost of its removal (restitution). These penalties may be on top of jail time and fines.

Additional Criminal Consequences for Graffiti Crimes

Depending on the circumstances, a person caught defacing (or about to deface) property with graffiti can be charged with other crimes, such as criminal trespass, burglary, or possession of graffiti implements.

Trespass. A person commits trespass by unlawfully entering property without permission. These offenses are often misdemeanors, but some states make it a felony to trespass on property belonging to utility companies, schools, and other vulnerable places.

Burglary. Harsh burglary penalties can apply if a person sets out to deface property and enters a structure or building without permission. Burglary laws are often broader than one might expect. A person can face burglary charges if they unlawfully enter a building with the intent of committing a crime (which may include acts of graffiti). Entering abandoned structures may count as well.

Possession of graffiti implements. Many states make it a misdemeanor to possess graffiti tools, etching cream, spray paint, chalk, or other compounds intending to graffiti property. Some states have laws prohibiting the sale of aerosol paint to minors.

Will Kids Face the Same Penalties as Adults for Graffiti Offenses?

A minor who commits an offense before becoming 18 will face consequences in juvenile court, rather than adult criminal court. Even though the crime of graffiti is identical at both the juvenile and adult levels, juvenile courts have much broader discretion than adult courts. The police and prosecutor might choose to handle juvenile graffiti cases informally, at least for a first-time offense. An informal disposition might involve restitution, graffiti removal, and community service.

If formal charges are filed, the minor will go before a judge. A judge might impose additional consequences, especially if this isn't the child's first time committing an offense. The judge could place the juvenile on probation, impose a curfew, and order counseling. In some cases, the judge might order the juvenile's parents to pay restitution or supervise their child's community service hours. Juveniles who are adjudicated delinquent (found guilty) will have a record.

Seek Legal Advice

Being charged with vandalism, property defacement, or a graffiti offense might not seem like a big deal, but it can result in serious consequences. You could face felony charges if the amount of property damage exceeds a certain amount, which might be only $1,000, depending on the laws in your state. It's important to speak with a criminal defense attorney or public defender if you face graffiti charges.