§ 76-6-107.1. Compensatory service -- Graffiti penalties.

(1) If an offender uses graffiti and is convicted under Section 76-6-106 or 76-6-206 for its use, the court may, as a condition of probation under Subsection 77-18-1(8), order the offender to clean up graffiti of his own and any other at a time and place within the jurisdiction of the court.

(a) For a first conviction or adjudication, the court may require the offender to clean up graffiti for not less than eight hours.

(b) For a second conviction or adjudication, the court may require the offender to clean up graffiti for not less than 16 hours.

(c) For a third conviction or adjudication, the court may require the offender to clean up graffiti for not less than 24 hours.

(2) The offender convicted under Section 76-6-106, 76-6-206, or 76-6-107 shall be responsible for removal costs as determined under Section 76-6-107, unless waived by the court for good cause.

(3) The court may also require the offender to perform other alternative forms of restitution or repair to the damaged property pursuant to Subsection 77-18-1(8).

Renumbered and Amended by Chapter 3, 2008 General Session