Friday, August 22, 2008

art crimes

California Penal Code Section 594-625c

"594. (a) Every person who maliciously commits any of the following
acts with respect to any real or personal property not his or her
own, in cases other than those specified by state law, is guilty of
vandalism:
(1) Defaces with graffiti or other inscribed material.
(2) Damages.
(3) Destroys. (...)

"(g) The court may order any person ordered to perform community
service or graffiti removal pursuant to subdivision (e) or (f) to
undergo counseling. (...)

"622. Every person, not the owner thereof, who willfully injures,
disfigures, or destroys any monument, work of art, or useful or
ornamental improvement
within the limits of any village, town, or
city, or any shade tree or ornamental plant growing therein, whether
situated upon private ground or on any street, sidewalk, or public
park or place, is guilty of a misdemeanor."

What if the graffiti itself is a work of art, or useful or ornamental improvement? In such a case, it would be a crime not only to create it in the first place, but also to remove it...

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