Malicious Mischief in the third degree is a gross misdemeanor. A person is guilty of this crime if the person:
A person is guilty of Malicious Mischief in the second degree, a class C felony, if the person:
A person is guilty of Malicious Mischief in the first degree, a class B felony, if the person:
"Physical damage," in addition to its ordinary meaning, also includes any diminution in the value of property as the consequence of an act and the cost to repair any physical damage.
A person is guilty of Criminal Street Gang Tagging and Graffiti, a gross misdemeanor, if the person commits Malicious Mischief in the third degree and the person:
A gross misdemeanor is punishable by imprisonment in a county jail for a maximum of up to 364 days or by a fine no greater than $5,000, or both. A class C felony is punishable by imprisonment in a state correctional institution for a maximum of five years, or by a fine no greater than $10,000, or both. A class B felony is punishable by imprisonment in a state correctional institution for a maximum of 10 years or by a fine no greater than $20,000, or both.
Subject to funds appropriated for this purpose, the Washington State Department of Transportation (WSDOT) is required to establish a Graffiti Abatement and Reduction Pilot Program that includes the following:
The WSDOT is required to test these systems and additional graffiti prevention techniques prioritizing the Interstate 5 (I-5) Puget Sound region from Tacoma to Seattle and the North Spokane Corridor.
The WSDOT is directed to report to the appropriate committees of the Legislature on the pilot program, including on the use of funding, the results of actions used to identify people who damage property with graffiti, and on the field testing of spray drone technology. The report is due by December 1, 2024.
The pilot program expires July 1, 2025.
The substitute bill modifies the Graffiti Abatement and Reduction Program to require field testing of spray drone technology to paint over existing graffiti, and the investigation and testing of improvements to systems capable of identifying individuals who damage property with graffiti. It also requires the WSDOT to test the technology and system improvements by prioritizing the I-5 Puget Sound region from Tacoma to Seattle and the North Spokane Corridor.
In addition, the substitute bill mandates that the WSDOT report to the appropriate committees of the Legislature on the pilot program, including on program funding and results of the program, by December 1, 2024, and expires the pilot program July 1, 2025.
(In support) People are growing tired of seeing graffiti on state roadways. The bill requires the WSDOT to investigate what can be used to remove graffiti. There is an extensive network of cameras in the state. The bill also requires the cameras be used to identify those who use graffiti on roadways.
(Opposed) None.
(Other) While the intent of the bill is appreciated, the WSDOT has already completed extensive research on graffiti removal and has approaches in place for graffiti removal. Staff who use traffic cameras are already spread thin, and their primary focus is on the roadway and traffic. Even if staff observe graffiti being applied, the face of the person applying it is not always visible on camera.
(In support) Representative Andrew Barkis, prime sponsor.