Graffiti

For free and confidential legal advice about this topic, please contact us here.

What is graffiti?

Graffiti is when you make a mark on property that cannot be easily removed by wiping it with a dry cloth. This includes things like marking, writing, and drawing on property with spray paint or any other tool.

Is graffiti illegal?

Graffiti is generally against the law, but there are some situations where it can be legal. For example, it may be allowed if you have permission from the owner of the property or you are doing it as part of your work or education..

Can I buy spray paint?

It is against the law for anyone to sell a spray paint can to a person who is under 18. A person who does this could be fined up to $3180. Because of this, a shop assistant may ask you for identification if you want to buy spray paint. If you cannot prove you are over 18 the shop assistant may refuse to sell you the spray paint.

Can I carry a graffiti tool?

It is against the law to carry a spray paint can in a public place, unless you need the spray can for your work, education or you are participating in an activity or sport where it is legal to do graffiti. If you are carrying the spray paint can in a public place to do other things that are illegal, then you could be fined up to $3180. A public place includes many places, like schools, parks and train stations.

In Tasmania, it is not illegal to carry graffiti tools other than spray cans (e.g. marker pens).

Can I be stopped and searched for graffiti tools?

Yes.  If a police officer reasonably believes you have a spray paint can in a public place and you should not have it, the police can stop and search you or your vehicle. For graffiti tools other than spray paint, the police’s normal powers to search you will apply.  For more information about this, see our page on ‘What powers do the police have’.

Can my spray can or other graffiti tools be confiscated?

A police officer can confiscate any spray cans that they find. For graffiti tools other than spray paint, the normal rules about police confiscations apply.  For more information about this, see our page on ‘What powers do the police have’.

What happens if I’ve been caught carrying a spray can, or making illegal graffiti by the police?

If you are under 18, the police may:

1. give you an informal caution;
2. give you a formal caution;
3. make you do community service, such as removing the graffiti;
4. make you pay money;
5. make you attend a Community Conference;
6. charge you for a graffiti crime. This means you have to go to court.

For more information about warnings, cautions, youth justice conferences and being charged, see our web pages on “Youth Justice System” and “Criminal Law”.

What are the penalties for graffiti crimes?

If you are under 18 and you are charged with an offence and then found guilty, depending on the case, a court can:

1. make you do community service, such as cleaning up the graffiti;
2. Make you attend a Community Conference;
3. Put you on a good behaviour order;
4. Require you to pay money for the damage you caused by doing the graffiti;
5. Give you a fine that could be as high as $3080.  The amount of the fine will depend on the circumstances.

For more information about penalties and going to court, see our web pages on“Youth Justice” and “Court stuff.”