S.B. 107 Danny Chaires

Imagine walking down the street with a can of spray paint and getting arrested? S.B. 107: "Possession of Graffiti Paraphernalia" could have made that happen. The bill was defeated in a Senate Committee Meeting last week. According to the bill it would be a criminal violation to possess the tools used to make graffiti with the "intent to deface the property of another." If you are seen with any markers or spray paint, you could be charged with a class B misdemeanor if the police officer believes you have the intent to create graffiti. The challenge of this bill will be to determine "intent." How will a police officer know if you have intent or if you are just walking home from art class. Sen. Karen Maynes, sponsor of the bill, clarified that "intent" could be determined, for example, if a police officer saw someone with a can of spray paint in the same color as a recent tag and also observed paint on the person's hand.

Everyday you hold at least one marker or pen or any other art tool. You never have to be worried with being charged with having possession of a tool used to make graffiti. Walking around with markers in your bag is common in many typical people's lives. These materials iare not always used to make graffiti. They can be used to write, draw and for many other things. “My little sister wouldn’t be able to carry around a sharpie without getting arrested?” was the first thing Sol Diaz-Vera a student of West High School said when I asked for her opinion on S.B. 107. Sol Diaz-Vera said “What ever happened to America home of the free? Now I can get arrested for carrying a sharpie? This bill does not have me on their side.” Adrianna Manzanares of West High School said “There would be a lot of people with a Class B misdemeanor, because anyone could be carrying a can of spray paint. It could be used for a project or their job, you never know. It is not a fair law for Utahans.”

I asked Sol Diaz-Vera what she thought this would do to the state of Utah if the bill passed? “I think that no one would follow it, because it’s ridiculous. Most of the graffiti should be stopped, but this bill won’t do it.” Danny Luna, another student, said “I think people wouldn’t be doing graffiti as much, but they would be smarter about how they do it. This would get rid of some graffiti but not all.”

Karen Mayne was asked to make this bill by the police and mayors. They were tired of graffiti ruining neighborhoods. Recently someone did graffiti near Karen Mayne’s home. She felt that it made the community look bad and it did not make them feel safe. “Walking around with 12 cans of spray paint at 2:00 A.M. probably means you are about to commit a crime. I don’t feel safe being in my home thinking someone is nearby about to tag on my neighbor's fence or my fence. I want to stop graffiti, it makes us look bad,” said Karen Mayne. Karen Mayne wanted this bill to pass and make a difference, but she did not succeed this time, the bill failed 11-17 in the Senate on the second reading.