| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 15 MRSA §3314, sub-§1, ķE-1 is enacted to read: |
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| | | E-1. For an adjudication under Title 17-A, section 808, | | subsection 1, the court shall require the juvenile to make | | restitution to the property owner in the amount of the cost | | of removal of the graffiti or repair or replacement costs or | | require the juvenile to clean up the graffiti. The court | | also shall suspend the juvenile's driver's license for a | | period of 6 months.__The court shall order a parent, | | guardian or legal custodian to pay or cause to be paid all | | restitution ordered pursuant to this paragraph if the | | juvenile fails to comply with a restitution order.__After | | notice and hearing and in accordance with the Maine Rules of | | Criminal Procedure, Rule 42(d), the court may invoke its | | contempt powers to enforce the restitution order that | | applies to the juvenile or the juvenile's parent, guardian | | or legal custodian. |
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| | | Sec. 2. 17-A MRSA §§808 to 810 are enacted to read: |
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| | | 1.__A person is guilty of the crime of producing graffiti if | | that person intentionally, knowingly or recklessly causes an | | inscription, word, figure or design to be marked, etched, | | scratched, drawn, painted or affixed in any way to property of | | another knowing that the actor is not authorized to do so.__As | | used in this section, "property of another" means property in | | which any person or government other than the actor has an | | interest upon which the actor is not privileged to infringe. |
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| | | 2.__Producing graffiti is a Class D crime. |
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| | | 3.__In addition to any other penalty imposed pursuant to this | | section, the court shall order a person convicted of producing | | graffiti to pay restitution pursuant to chapter 54 to the | | property owner in the amount of the cost of removal of the | | graffiti or repair or replacement costs or order the actor to | | clean up the graffiti. |
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| | | §809.__Possession of aerosol paint can with intent to produce |
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| | | 1.__A person is guilty of possession of an aerosol paint can | | with intent to produce graffiti if that person: |
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