Prohibits sale of graffiti implements to minors. Makes it a petty misdemeanor for a person to sell or give a minor graffiti implements. Makes it a petty misdemeanor for a minor to purchase or otherwise possess graffiti implements without express adult permission or without adult supervision. Makes it a class C felony for an adult to conspire with minors to purchase or provide graffiti implements for the purpose of vandalizing property.

A BILL FOR AN ACT

SECTION 1. The Hawaii Revised Statutes, is amended by adding four new sections to be appropriately designated and to read as follows:

"§   -A Definitions. As used in this chapter unless the context requires otherwise:

"Adult" means a natural person other than a minor.

"Glass cutter" means a metal tool or instrument equipped with a blade or a sharp edge to cut, score, or grind glass.

"Graffiti" has the same meaning as defined in section 577-3.5.

"Graffiti implement" means any of the following implements capable of marking or scarring or being used to mark or scar a glass, metal, concrete, wood, plastic, or other solid surface to create graffiti: spray paint, wide-tipped markers, glass cutters, paint sticks, or spray actuators.

"Minor" means a natural person who has not attained the age of majority.

"Paint stick" means any device containing a solid form of paint capable of being applied to a surface by pressure and, upon application, leaving a mark at least one-sixteenth of an inch in width.

"Spray actuator" (also known as a "spray tip", "nozzle", or "button") means an object that is capable of being attached to an aerosol paint container for the purpose of spraying the substance contained therein.

"Spray paint" means paint contained in an aerosol container.

"Wide-tipped marker" means any marker, pen, or similar implement that contains a fluid that cannot be removed with water after it dries and that has a tip, point, brush, applicator or other writing surface that, at its broadest, is one-fourth inch or greater in width.

§   -B Restrictions on sale and use of graffiti implements. (a) It is unlawful for any person to sell, give away, or in any way furnish any graffiti implement to any minor; provided that any graffiti implement may be sold, given away, or furnished to a minor by an adult parent, legal guardian, employer, or teacher of the minor, or another adult authorized by a parent or legal guardian to supervise the minor.

(b) It is unlawful for a minor to purchase or otherwise acquire any graffiti implement; provided that the acquisition, whether by purchase or other means, of any graffiti implement shall not be prohibited when it is acquired from an adult parent, legal guardian, employer, or teacher of the minor, or by another adult authorized by a parent or legal guardian to supervise the minor.

(c) It is unlawful for a minor to possess, have under the minor's control or use any graffiti implement while on public or private property without the express permission of the owner, lessee, or manager of the property; provided that a minor may possess, have under the minor's control, or use any graffiti implement for a lawful purpose in the immediate presence and under the supervision of an adult parent, legal guardian, employer, or teacher of the minor or of another adult authorized by a parent or legal guardian to supervise the minor.

§   -C Graffiti; fines and penalties. (a) In addition to the civil penalties of section 577-3.5 for violation of the prohibitions against placing graffiti on public or private property, violation of section    -B shall be a petty misdemeanor. Each sale, gift, or furnishing of a group of graffiti implements to a minor in a single transaction shall constitute a separate offense.

(b) The purchase or acquisition by other means of a group of graffiti implements in a single transaction by a minor shall constitute a separate offense for each individual graffiti implement purchased or acquired in the single transaction or acquisition; provided that any minor alleged to have violated section    -B shall be adjudicated pursuant to chapter 571.

§   -D Conspiracy to commit graffiti. (a) A person commits the offense of conspiracy to commit graffiti if the person knowingly assists a minor in the purchase or acquisition of graffiti implements with the intent to commit graffiti.

(b) Conspiracy to commit graffiti shall be a class C felony.

(c) It shall be an affirmative defense from prosecution under this section for an adult to knowingly assist a minor in the purchase or acquisition of graffiti implements with the intent to commit graffiti if the adult owns the personal or real property upon which the graffiti is to be placed. The affirmative defense provided under this subsection shall only apply to the graffiti that is placed on the adult's personal or real property and shall not extend to personal or real property not owned by the adult."

SECTION 2. Section 577-3.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) In addition to any other lawful orders, if a minor is found under chapter 571 to have committed an act constituting graffiti, the court [may] shall order the minor, the parents, or the legal guardians of the minor to pay [the actual cost of having the damaged property repaired or replaced and may order the minor to perform community service.]:

If the court orders payment for the actual cost of the damage, the court shall give due consideration to the financial resources of the minor, the parents, or the legal guardians of the minor to ensure that they will be able to pay the costs of the damage. If the court determines that the minor, the parents, or the legal guardians of the minor are unable to pay the actual cost of the damage, the court may order payment in an amount for which they are able to pay; or in a manner in which they are able to pay, and may order the minor to perform community service work in an amount commensurate with the costs of the damage for which they are unable to pay."

SECTION 3. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.