Senate Bill No. 105–Committee on Judiciary

 

CHAPTER..........

 

AN ACT relating to graffiti; making various changes to the provisions pertaining to the crime of placing graffiti on or otherwise defacing property; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1. NRS 206.330 is hereby amended to read as follows:

206.330  1.  Unless a greater criminal penalty is provided by a

specific statute, a person who places graffiti on or otherwise defaces

the public or private property, real or personal, of another, without

the permission of the owner [is guilty of a public offense, as

prescribed in NRS 193.155, proportionate to the value of the

property damaged or destroyed and in no event less than a

misdemeanor.] :

    (a) Where the value of the loss is less than $250, is guilty of a

misdemeanor.

    (b) Where the value of the loss is $250 or more but less than

$5,000, is guilty of a gross misdemeanor.

    (c) Where the value of the loss is $5,000 or more or where the

damage results in the impairment of public communication,

transportation or police and fire protection, is guilty of a category

E felony and shall be punished as provided in NRS 193.130.

    2.  If a person commits more than one offense pursuant to a

scheme or continuing course of conduct, the value of all property

damaged or destroyed by that person in the commission of those

offenses may be aggregated for the purpose of determining the

penalty prescribed in subsection 1.

    3.  A person who violates subsection 1 shall, in addition to any

other fine or penalty imposed:

    (a) For the first offense, perform not less than 50 hours, but not

more than 99 hours, of community service.

    (b) For the second offense, perform not less than 100 hours, but

not more than 199 hours, of community service.

    (c) For the third and each subsequent offense, perform not less

than 200 hours of community service.

The community service assigned pursuant to this subsection must, if

possible, be related to the abatement of graffiti.

    [3.] 4. The parent or legal guardian of a person under the age of

[17] 18 years who violates this section is liable for all fines and

penalties imposed against the person. If the parent or legal guardian

is unable to pay the fine and penalties resulting from a violation of

this section because of financial hardship, the court may require the

parent or legal guardian to perform community service.

    [4.] 5. If a person who is 18 years of age or older is found

guilty of violating this section, the court may issue an order

suspending the driver’s license of the person for a period not to

exceed 6 months in addition to any other penalty imposed. If such

an order is issued, the court shall require the person to surrender all

driver’s licenses then held by the person. If the person does not

possess a driver’s license, the court may issue an order prohibiting

the person from applying for a driver’s license within the 6 months

immediately following the date of the order. The court shall, within

5 days after issuing the order, forward to the Department of Motor

Vehicles any licenses together with a copy of the order.

    [5.] 6. The Department of Motor Vehicles:

    (a) Shall not treat a violation of this section in the manner

statutorily required for a moving traffic violation.

    (b) Shall report the suspension of a driver’s license pursuant to

this section to an insurance company or its agent inquiring about the

person’s driving record. An insurance company shall not use any

information obtained pursuant to this paragraph for purposes related

to establishing premium rates or determining whether to underwrite

the insurance.

    [6.] 7. A criminal penalty imposed pursuant to this section is in

addition to any civil penalty or other remedy available pursuant to

another statute for the same conduct.

    8.  As used in this section, “impairment” means the disruption

of ordinary and incidental services, the temporary loss of use or

the removal of the property from service for repair of damage.

    Sec. 2.  This act becomes effective on July 1, 2003.

 

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