| | | A.__Is in a public place or on private property without the | | consent of the owner, lessee or other person entitled to the | | legal possession of the private property; and |
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| | | B.__Possesses 3 or more aerosol or pressurized containers of | | paint, dye, ink or similar substance. |
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| | | 2.__Possession of an aerosol paint can with intent to produce | | graffiti is a Class E crime. |
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| | | 3.__As used in this section, "aerosol paint can" means an | | aerosol container that is made or adapted for the purpose of | | applying paint or another substance capable of defacing property. |
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| | | §810.__Illegal sale of aerosol paint can to minor |
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| | | 1.__As used in this section, unless the context otherwise | | indicates, the following terms have the following meanings. |
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| | | A.__"Aerosol paint can" means an aerosol container that is | | made or adapted for the purpose of applying paint or another | | substance capable of defacing property. |
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| | | B.__"Minor" means a person who has not attained 18 years of | | age. |
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| | | C.__"Sale" means to sell, exchange, give, deliver, loan or | | otherwise provide or cause or permit to be sold, exchanged, | | given, delivered, loaned or otherwise provided. |
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| | | 2.__A person is guilty of illegal sale of an aerosol paint can | | to a minor if that person__sells an aerosol paint can to a minor | | and the minor is not accompanied by the minor's parent or | | guardian. |
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| | | 3.__Illegal sale of an aerosol paint can to a minor is a Class | | E crime. |
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| | | 4.__This section does not apply to a parent, legal guardian, | | school teacher or law enforcement officer in the performance of | | duty who provides an aerosol paint can to a minor. |
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| | | This bill does the following. |
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| | | 1. It establishes the crime of producing graffiti to prohibit | | a person from intentionally, knowingly or recklessly causing an | | inscription, word, figure or design to be marked, |
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