The Criminal Code Amendment (Graffiti) Act 2009 (WA), in effect from 1 January 2010, makes it illegal in Western Australia to sell spray paint and 'certain marker pens or similar implements' to persons under 18 years of age because these items might be used for applying graffiti. It's a nice example of law's construction of age as a legal identity: old enough to drive and engage in sexual activity but not to purchase what the Attorney General's media release characterises as "graffiti implements".
That release indicates that -
The new laws will complement the efforts of government agencies, local governments and the community to combat graffiti vandalism by increasing existing penalties to deter offenders, and introducing new offences and penalties to prohibit the sale, and reduce availability, of graffiti implements to minors.Vendors of graffiti implements ("sellers and their employees") will have to take reasonable steps to be satisfied that the purchaser is not a minor -
Under the new laws, it will be an offence for a person to sell a graffiti implement to a person under the age of 18. The penalty is a maximum fine of $6,000 for a first offence and a maximum fine of $12,000 for a subsequent offence.
This can be done by sighting a current driver’s licence or other suitable identification.Given that God - or law - lies in the details, what is a 'graffiti implement'? It is defined in what is now Chapter 24 of the Criminal Code (WA) as spray paint or
a pen or marker pen, or similar implement, that –Restless antisocials will presumably skip the statutory interpretation and get an older relative/mate to hand over the money on their behalf (eg throw a pack of implements into the family shopping cart on the next traverse through KMart) or appropriate an implement or two from the classroom. Call me romantic but somehow I don't imaging that the 'criminal organizations' referred to in the preceding post will build a thriving black market in implements of infamy.
1. has a tip over 6mm wide; and
2. contains a fluid that is not water soluble and can mark a surface.
The media release illustrates a grasp of practicalities (you can't decorate every checkout with a cascade of warnings) or merely of power relationships (ie retailers are an effective advocacy group). It asks "How do new graffiti laws affect sellers?". The response is -
The new laws will apply to retailers, wholesalers or any organisation that sells graffiti implements.The legislation's been spruiked as desirable, because "graffiti increased by more than 30 per cent in WA between 2003-04 and 2007-08". The media release indicates that -
Do the laws require a notice to be displayed on sellers' premises?
No. However, it will be of benefit to the seller and customers to place a notice on all premises. The notice could be similar to those displayed in outlets which sell alcohol and tobacco.
Between January and November this year 191 adults were charged with 473 graffiti offences and five were cautioned.Make juveniles illegal, of course (perhaps retrospectively, as Mr Swift would say), and the problem will go away.
Ninety-four adults were charged with 102 offences of being in possession of graffiti implements.
A staggering 277 juveniles were charged with 1,473 graffiti offences, which is why we have moved to make it illegal to sell graffiti implements to minors.
Further, 440 juveniles were either cautioned or referred to a juvenile justice team for 614 graffiti offences and 73 juveniles were charged with 81 offences of being in possession of a graffiti implement.
Restrictions on sale are now standard practice. Section 10c of the Summary Offences Act 1988 (NSW) prohibits sale of spray paint cans to people under the age of 18. The effectiveness of that measure is unclear. The UK Anti-Social Behaviour Act 2003 prohibits sale to those under 16.
