                                 CODE OF VIRGINIA

WILLFUL AND MALICIOUS DAMAGE TO OR DEFACEMENT OF PUBLIC OR PRIVATE FACILITIES;
PENALTY (§ 15.2-1812.2)

A. Any locality may by ordinance make unlawful the willful and malicious damage
to or defacement of any public buildings, facilities and personal property or of
any private buildings, facilities and personal property. The penalty for
violation of such ordinance is a Class 1 misdemeanor. The punishment for any
such violation in which the defacement is (i) more than 20 feet off the ground,
(ii) on a railroad or highway overpass, or (iii) committed for the benefit of,
at the direction of, or in association with any criminal street gang, as that
term is defined by &#xA7; 18.2-46.1, shall include a mandatory minimum fine of
$500.

B. Upon a finding of guilt under any such ordinance in any case tried before the
court without a jury, in the event the violation constitutes a first offense
that results in property damage or loss, the court, without entering a judgment
of guilt, upon motion of the defendant, may defer further proceedings and place
the defendant on probation pending completion of a plan of community service
work. If the defendant fails or refuses to complete the community service as
ordered by the court, the court may make final disposition of the case and
proceed as otherwise provided. If the community service work is completed as the
court prescribes, the court may discharge the defendant and dismiss the
proceedings against him. Discharge and dismissal under this section shall be
without adjudication of guilt and is a conviction only for the purposes of
applying the ordinance in subsequent proceedings.

C. The ordinance shall direct that the community service, to the extent
feasible, include the repair, restoration or replacement of any damage or
defacement to property within the locality, and may include clean-up,
beautification, landscaping or other appropriate community service within the
locality. Any ordinance adopted pursuant to this section shall make provision
for a designee of the locality to supervise the performance of any community
service work required and to report thereon to the court imposing such
requirement. At or before the time of sentencing under the ordinance, the court
shall receive and consider any plan for making restitution or performing
community service submitted by the defendant. The court shall also receive and
consider the recommendations of the supervisor of community service in the
locality concerning the plan.

D. Notwithstanding any other provision of law, no person convicted of a
violation of an ordinance adopted pursuant to this section shall be placed on
probation or have his sentence suspended unless such person makes at least
partial restitution for such property damage or is compelled to perform
community services, or both, as is more particularly set forth in &#xA7;
19.2-305.1.

E. If a locality seeks to clean or cover the defacement, it shall give notice to
the owner and lessee, if any, of any private building or facility that has been
defaced that, within 15 days of receipt of such notice, if the owner or lessee
does not clean or cover the defacement or object to the removal of the
defacement, the locality may clean or cover the defacement at the
locality&#8217;s expense.

HISTORY: 1995, c. 251, § 18.2-138.1; 1997, cc. 445, 461; 2004, c. 462; 2005, c.
614.