(a) As used in this section, "graffitism" means the act of defacing, damaging or destroying any public or private, real or personal property, without the privilege to do so, by drawing, marking, painting, tagging or writing any inscription, design, word, figure or mark of any type of any building, bridge, fence, gate, rock, structure, tree, wall or other property visible to the public.
(b) As used in this section, "graffiti" means any inscription, design, word, figure or mark of any type drawn, marked, painted, tagged or written upon any building, bridge, fence, gate, rock, structure, tree, wall or other property visible to thep public which defaces, damages or destroys any public or private, real or personal property, without the privilege to do so.
(c) As used in this section, "graffitist" means a person who commits graffitism.
(d) As used in this section, "spray paint" means any paint packaged in an aerosol container.
(e) No person, without privilege to do so, shall commit graffitism upon any public or private, real or personal property.
(f) Whoever violates subsection (e) of this section is guilty of graffitism, a misdemeanor of the first degree.
(g) In addition to any other punishment imposed, the court shall, as a separate and independent penalty for such offense, order any person convicted of graffitism to make restitution by monetary payment for the loss or damage incurred; or restoration by physical labor to the property's former condition.
(h) In the event a minor convicted of graffitism establishes indigency at a hearing, the court may order his or her parent or legal guardian to pay the fine and any restitution required up to the sum of three thousand dollars ($3,000).
(i) Any person who violates subsection (e) hereof, on application to, and approval by, the judge hearing such complaint, in lieu of paying the fine, restitution or restoration imposed, may remove graffiti other than that at the location identifiably linked to the violator for which he or she is to make restitution or restoration under (g) above, as the judge shall require; and upon completion of such public work, the fine, restitution or restoration, shall be reduced by an amount equal to the federal minimum hourly wage than in effect for each such hour of service to the extent of such fine, restitution or restoration.
(j) Possession of and all rights to any paint, brush, spray paint or other material or tool used in the commission of the offense of graffitism shall be forfeited.
(k) The provisions of this section shall be in addition to the provisions of any other law concerning offenses against property rights and shall in no way limit such other provisions.