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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-770 SO AS TO DEFINE CERTAIN TERMS, CREATE THE OFFENSE OF ENGAGING IN ILLEGAL GRAFFITI VANDALISM, AND TO PROVIDE A GRADUATED PENALTY SCHEME FOR THE OFFENSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 7, Chapter 11, Title 16 of the 1976 Code is amended by adding:
"Section 16-11-770. (A) As used in this section, 'illegal graffiti vandalism' means an inscription, writing, drawing, marking, or design that is painted, sprayed, etched, scratched, or otherwise placed on structures, buildings, dwellings, statues, monuments, fences, vehicles, or other similar materials that are on public or private property and that are publicly viewable, without the consent of the owner, manager, or agent in charge of the property.
(B) It is unlawful for a person to engage in the offense of illegal graffiti vandalism and, upon conviction, for a:
(1) first offense, is guilty of a misdemeanor and must be fined not more than one thousand dollars or imprisoned not less than thirty days nor more than ninety days;
(2) second offense, is guilty of a misdemeanor and must be fined not more than two thousand five hundred dollars or imprisoned not more than one year; and
(3) third or subsequent offense, is guilty of a felony and must be fined not more than five thousand dollars or imprisoned not more than five years.
(C) In addition to the penalties provided in subsection (B), a person convicted of the offense of illegal graffiti vandalism also may be ordered by the court to remove the illegal graffiti, pay the cost of the removal of the graffiti, or make further restitution in the discretion of the court."
SECTION 2. This act takes effect upon approval by the Governor.
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