Class Depends on Damage Amount  Penal Code 28.03

A person commits an offense if, without the effective consent of the owner, the person intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner with:

1.        aerosol paint;

2.        an indelible marker; or

3.        an etching or engraving device.

An offense is a Class B misdemeanor if the amount of pecuniary loss is less than $500.  

The offense is a Class A misdemeanor if the pecuniary loss is $500 or more but less than $1500.  An offense with pecuniary loss of $1500 or more is a felony.


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* The market value of the item damaged or destroyed determines the pecuniary value.  Do not expect Berber carpets to replace your $5 a yard classroom carpets. If a creative person uses other materials other than the 3 listed above such as correction fluid or even mud then play it safe and pursue a Criminal Mischief charge. What is the damage to a brick wall covered with graffiti?  The price it costs in man hours and in the rental of a high powered water spray to clean the area.