Guam § 34 - Graffiti Prohibited.

§ 34. Graffiti Prohibited.

(a) Definitions. For the purpose of this section, the following terms apply:

(1) “Broad-tipped indelible marker” means any felt tip marker, or similar implement, which

contains a fluid which is not water soluble and which has a flat or angled writing surface one-half inch

or greater.

(2) “Bona fide evidence of majority” means a document issued by a federal, state, county or

municipal government or agency thereof, including but not limited to, a motor vehicle operator’s

license, or registration certificate issued under the Federal Selective Service Act, a passport, or an

identification card issued to a member of the armed forces which identifies an individual and provides

proof of the age of such individual.

(3) “Owner” means any and all persons with legal and/or equitable title to real property in Guam

as their names and addresses are shown upon the records of the Department of Revenue of Taxation.

(4) “Supervising Adult” means an individual eighteen (18) years of age or older who has been

given responsibility by the minor’s parents, legal guardian, or other lawful authority to supervise the

minor.

(5) “Used” or “intended to be used” includes usage in the course of a violation or usage to

transport a violator to or from the scene of a violation.

(b) No person shall write, paint or draw any inscription, figure, or mark of any type on any public or

private building or structure or other real or personal property owned, operated or maintained by a

governmental entity or any agency or instrumentality thereof or by any person, firm or corporation unless

the express prior written permission of the owner, owner’s agent, manager or operator of the property has

been obtained.

(c) Possession of spray paint and markers with intent to make graffiti is prohibited. No person shall

carry an aerosol spray paint can or broad-tipped indelible marker with the intent to violate the provisions

of this section.

(d) Possession of spray paint or broad-tipped indelible markers by minors on public property is

prohibited. No person under the age of eighteen (18) shall have in his or her possession any aerosol

container or spray paint can or broad-tipped indelible marker while on public property, highway, street,

alley, or way except in the company of a supervising adult.

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(e) Possession of spray paint or broad-tipped indelible markers by minors on private property is

prohibited without consent of the owner. No person under the age of eighteen (18) shall have in his or her

possession any aerosol container of spray paint or broad-tipped indelible marker while on any private

property unless the owner, agent or manager, or person in possession of the property knows of the minor’s

possession of the aerosol container or marker and has consented to the minor’s possession of the aerosol

container or marker while on his or her property.

(f) Any person violating subsections (b), (c), (d) or (e) shall be punished by a fine of two thousand

dollars ($2,000.00) for the first offense, and four thousand dollars ($4,000.00) for each subsequent offense

or by imprisonment for a term not to exceed one hundred eighty (180) days, or by both fine and

imprisonment at the discretion of the court. In the case of a minor, the parents or legal guardian shall be

responsible for payment of all fines. Failure of the parents or legal guardian to make payment will result in

the filing of a lien on the parents or legal guardian’s property to include the fine and court costs.

(g) In addition to any punishment ordered under subsection (f), the court shall order any person found

in violation of subsections (b), (c), (d) or (e) to make restitution to the victim for damage or loss caused

directly or indirectly by the defendant’s offense in a reasonable amount or manner to be determined by the

court. Where the defendant is a minor, the parents or legal guardian shall be jointly and severally liable

with the minor to make such restitution.

(h) In addition to any punishment listed in subsections (f) and restitution ordered under subsection (g),

the court shall order any person found in violation of subsection (b), (c), (d) or (e) to perform monitored

community service in the removal of graffiti of not less than two hundred fifty (250) hours and not more

than five hundred (500) hours.

(i) In addition to any punishment listed in subsections (f), (g) and (h), any adult convicted for violating

subsections (b), (c), (d) or (e) is guilty of a misdemeanor punishable by imprisonment for not less than a

mandatory one hundred twenty (120) days.

(j) All personal property, including, but not limited to, automobiles and bicycles, used or intended to

be used in violating subsections (b), (c), (d) or (e) shall be forfeitable to Guam. In any forfeiture under this

section, the Court shall not order a forfeiture unless it finds that the forfeiture is commensurate with the

severity of the violation to the extent required by the laws of Guam, the Organic Act, and the U.S.

Constitution.

(k) No person or firm shall sell or cause to be sold to any person under the age of eighteen (18) years,

and no person under the age of eighteen years (18) shall buy any aerosol container of spray paint or broad-

tipped indelible markers. Evidence that a person, his or her employee, or agent demanded and was shown

bona fide evidence of majority and acted upon such evidence in a transaction or sale shall be a defense to

any prosecution thereof.

(l) Every person who owns, conducts, operates or manages a retail commercial establishment selling

aerosol containers of spray paint or broad-tipped indelible markers shall:

(1) Place a sign in clear public view at or near the display of such products stating:

“GRAFFITI IS A CRIME. ANY PERSON DEFACING REAL OR PERSONAL PROPERTY NOT

HIS OR HER OWN WITH PAINT OR ANY OTHER LIQUID OR DEVICE IS GUILTY OF A

CRIME PUNISHABLE BY IMPRISONMENT OF UP TO ONE HUNDRED EIGHTY (180) DAYS

AND/OR A FINE UP TO FOUR THOUSAND DOLLARS ($4,000.00).”

(2) Place a sign in the direct view of such persons responsible for accepting customer payment

for aerosol containers of spray paint or broad-tipped indelible markers which states:

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“IT IS A VIOLATION OF THE LAW TO SELL AEROSOL CONTAINERS OF SPRAY PAINT OR

BROAD-TIPPED INDELIBLE MARKERS TO PERSONS UNDER 18 YEARS OF AGE

PUNISHABLE BY A CIVIL FINE OF TW0 HUNDRED FIFTY DOLLARS ($250.00).”

(m) Violation of subsection (l) shall result in a civil penalty of two hundred fifty dollars ($250.00) for

a first offense and five hundred dollars ($500.00) for subsequent offenses. When three (3) violations of

subsection (l) occur within any calendar year at a commercial establishment, that establishment shall be

subject to an injunction from a court of competent jurisdiction forbidding the sale of aerosol containers of

spray paints and broad-tipped indelible markers for a period up to two (2) years. Violation of such injunction

shall be punished by a fine of two hundred fifty hundred dollars ($250.00) per day of violation in addition

to any other penalties levied by the Court. Failure to make payment of fines will be subject to an injunction

from a court of competent jurisdiction forbidding the sale of aerosol containers of spray paints and broad-

tipped indelible markers until payment of the fine, attorney’s fees and costs.

(n) In addition to any punishment ordered under Subsection (f), (g), (h), (i) and (j), the court shall

immediately, upon conviction of an offender charged with the defacement of property, revoke the license

or instruction permit of any driver in violation of this Section subject to a period of time described hereafter:

(1) after one (1) conviction, six (6) months;

(2) after a second or subsequent conviction, one (1) year for each conviction.

Any person who was convicted of any offense as described in this Act upon being eligible to receive

a license or instruction permit, shall not be eligible to receive a license or instruction permit until the entire

penalty period has elapsed.

Any prior convictions resulting in the revocation of a driver’s license or instruction permit shall not

run concurrently with any existing or subsequent suspension, revocation, cancellation or denial which is

provided for by law.