QUESTION: What is the penalty for graffiti? Is there any kind of police record that shows the types of graffiti? Do they have to catch the person in the act?

ANSWER: The Honolulu Police Department did not have any statistics or information available on graffiti arrests, pointing us to the state Judiciary for that data. (See below.)

Regarding evidence, "It’s not absolutely necessary, but it’s a stronger case if the officer catches the person in the act," said HPD spokeswoman Michelle Yu.

Statewide, Section 708-823.6 of the Hawaii Revised Statutes deals with sentencing for graffiti, which falls under criminal property damage.

Graffiti is defined as "any unauthorized drawing, inscription, figure, or mark of any type intentionally created by paint, ink, chalk, dye, or similar substances."

Someone can be sentenced for damage caused by graffiti under Section 708-821 (second-degree criminal property damage exceeding $1,500, classified as a Class C felony), Section 708-822 (third-degree criminal property damage exceeding $500, classified as a misdemeanor), Section 708-823 (fourth-degree criminal property damage, classified as a petty misdemeanor) and Section 708-823.5 (aggravated criminal property damage, involving someone convicted two or more times under Section 708-822 or 708-823, a misdemeanor).

A petty misdemeanor is punishable by a maximum 30 days in jail and a $1,000 fine; a misdemeanor, by up to one year in jail and a $2,000 fine; and a Class C felony, by up to five years in prison and a $10,000 fine.

Since 2010 a person sentenced for graffiti not only is required to remove the graffiti, the person must also perform community service by removing any other graffiti within 250 yards of it, even if it was done by someone else.

For the City and County of Honolulu, Section 40-12.2 of the Revised Ordinances of Honolulu says anyone who places graffiti on public property is guilty of a civil violation and subject to fines of $250 to $1,000 or more, depending on the damage and the cost of cleanup or repair.

SENTENCING STATS

It’s not known exactly how many people have been convicted of graffiti under state laws because that offense is lumped under criminal property damage.

Statewide, between Jan. 1, 2003, and December 2013, 1,879 adults and 732 juveniles were sentenced either under the city’s graffiti ordinance or the state’s criminal property statutes. All the sentences were petty misdemeanors or misdemeanors. No one was convicted of a felony.

However, it’s important to note that only two people were sentenced under the city’s graffiti ordinance — the rest fell under the general category of criminal property damage.

A court researcher said no determination was made as to how many of those sentenced under the state statutes involved strictly graffiti-related crimes.

Among the 732 juvenile offenders, the penalties included "chores," restitution, community service, writing apology letters, probation and "other" penalties.

AUWE

To three boys at the bus stop at Ala Moana and Coral Street back in October. I observed two of you from my office across the street, hunched over the bench, doing something. Ten minutes later I arrived at the stop. I have arthritis in my knees and feet, so sat in the middle of the bench between the three of you. You became very nervous, then bolted away. As I moved to sit at the end of the bench, I knew immediately why you ran. You were tagging the bench. Almost half of it was covered in wet, black ink, which soaked through and ruined my nearly new pants and stained my skin. Age-wise you are young men, but your illegal, immature, selfish actions mean you don’t deserve to be referred to as men. Since it is unlikely we will see each other again, to make amends and assuage your guilt, each of you individually needs to go out of your way to do something very nice for someone. — Violet

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Write to “Kokua Line” at Honolulu Star-Advertiser, 7 Waterfront Plaza, Suite 210, 500 Ala Moana Blvd., Honolulu, HI 96813; call 529-4773; fax 529-4750; or email kokualine@staradvertiser.com.