Thursday, February 16, 2012

SB, Possession of Graffiti Parahernalia, by Sergio Brito


Art is part of our lives, whether you create it or collect it. Art is a thing we always see in our daily lives; art can portray emotion or disaster. There is also some art that is a big problem for the community; one that costs money to repair. I am talking about graffiti; graffiti should be stopped with proper actions to improve our community’s appearance. By proper actions I mean if anyone is caught vandalizing someone or somewhere they should be the ones who shall clean it up and pay a fine.  Karen Mayne, wrote a bill, SB107, as a solution to try and stop vandalism. SB107: “Possession of Graffiti Paraphernalia,”  says that anyone who possesses any “instrument, tool, or device that is commonly used to make graffiti with the intent to deface the property of another” can be charged with a class C misdemeanor. For example, a student carrying a can of spray paint or a marker, could potentially be charged under the provisions of this bill.  The trick, of course, will be determining “intent.”  How will a police officer know what a person’s intent is? 
Cecilia, a student at West High reacted,  “That’s stupid, what if you use it for art or an art project?” Likewise, Mr. Marston, a teacher at West argued, “It will create a lot of conflicts, there is no law that says you can own spray cans.” Another student Daniel Tabares, “Possession of spray cans or painting supplies should not be a reason to charge an individual for a crime they have not committed.”
Vandalism should be stopped, but we should not assume anyone who is caught with paint supplies will use it to write creative art on a wall. Vandalism should be stopped, but with the right type of actions and then, only then, our community will begin to look more descent. This law is judging by first appearance.  We should let the individual explain why they possess the items and only press charges if someone is actually committing a crime, not just under the suspicion of having the “intent” to commit a crime.

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