§56.5.  Criminal damage to historic buildings or landmarks by defacing with graffiti

A.  It shall be unlawful for any person to intentionally deface with graffiti any historic building or landmark, whether publicly or privately owned, without the consent of the owner.

B.  As used in this Section, the following terms shall have the following meanings:

(1)  "Deface" or "defacing" is the damaging of any historic building or landmark by means of painting, marking, scratching, drawing, or etching with graffiti.

(2)  "Graffiti" includes but is not limited to any sign, inscription, design, drawing, diagram, etching, sketch, symbol, lettering, name, or marking placed upon any historic building or landmark in such a manner and in such a location as to deface the property and be visible to the general public.

(3)  "Historic building or landmark" means any of the following:

(a)  Any building or landmark specifically designated as historically significant by the state historic preservation office, historic preservation district commission, landmarks commission, the planning or zoning commission of a governing authority, or by official action of a local political subdivision.

(b)  Any structure located within a National Register Historic District, a local historic district, a Main Street District, a cultural products district, or a downtown development district.

C.(1)  Whoever commits the crime of criminal damage to historic buildings or landmarks by defacing with graffiti shall be fined up to one thousand dollars and may be imprisoned, with or without hard labor, for not more than two years.

(2)  The court shall also order the offender to perform the following hours of community service as follows:

(a)  For a first conviction, not to exceed thirty-two hours over a period not to exceed one hundred eighty days.

(b)  For a second or subsequent conviction, sixty-four hours over a period not to exceed one hundred eighty days.

(3)  The fine and community service imposed by the provisions of this Section shall not be suspended.

Acts 2010, No. 990, §1.