Under current law, graffiti may be classified as malicious mischief in the third, second, or first degree, dependent on the extent of the damage inflicted to the property of another. Malicious mischief "physical damage," in addition to its ordinary meaning, also includes any diminution in the value of any property as the consequence of an act and the cost to repair any physical damage. If more than one item of property is physically damaged as a result of activities by a person and the physical damage to the property would, separately, constitute mischief in the third degree because of the value, then the value of the damages may be grouped into one count.

In 2008, the Washington Association of Sheriffs and Police Chiefs were directed to establish a grant program to assist local law enforcement agencies in graffiti and tagging abatement programs located in local communities, when funded.

Subject to funds appropriated for this purpose, the Department of Transportation (WSDOT) must create a graffiti abatement and reduction pilot program that includes, but is not limited to:

• field testing spray drone technology for efficiency of painting over existing graffiti; and
• investigation and testing of system improvements to identify persons who damage property with graffiti.

WSDOT is directed to test the systems above and additional graffiti prevention techniques prioritizing the I-5 Puget Sound region from Tacoma to Seattle and the North Spokane Corridor. A report must be submitted to the appropriate legislative committees by December 1, 2024. The report must include pilot program use of funding, results of actions used to identify people who damaged property with graffiti, and field testing of spray drones.

The pilot program expires July 1, 2025.