2006 Code of Virginia § 15.2-1812.2 - Willful and malicious damage to or defacement of public or private facilities; penalty

15.2-1812.2. Willful and malicious damage to or defacement of public orprivate facilities; penalty.

A. Any locality may by ordinance make unlawful the willful and maliciousdamage to or defacement of any public buildings, facilities and personalproperty or of any private buildings, facilities and personal property. Thepenalty for violation of such ordinance is a Class 1 misdemeanor. Thepunishment for any such violation in which the defacement is (i) more than 20feet 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 anycriminal street gang, as that term is defined by 18.2-46.1, shall include amandatory minimum fine of $500.

B. Upon a finding of guilt under any such ordinance in any case tried beforethe court without a jury, in the event the violation constitutes a firstoffense that results in property damage or loss, the court, without enteringa judgment of guilt, upon motion of the defendant, may defer furtherproceedings and place the defendant on probation pending completion of a planof community service work. If the defendant fails or refuses to complete thecommunity service as ordered by the court, the court may make finaldisposition of the case and proceed as otherwise provided. If the communityservice work is completed as the court prescribes, the court may dischargethe defendant and dismiss the proceedings against him. Discharge anddismissal under this section shall be without adjudication of guilt and is aconviction only for the purposes of applying the ordinance in subsequentproceedings.

C. The ordinance shall direct that the community service, to the extentfeasible, include the repair, restoration or replacement of any damage ordefacement to property within the locality, and may include clean-up,beautification, landscaping or other appropriate community service within thelocality. Any ordinance adopted pursuant to this section shall make provisionfor a designee of the locality to supervise the performance of any communityservice work required and to report thereon to the court imposing suchrequirement. At or before the time of sentencing under the ordinance, thecourt shall receive and consider any plan for making restitution orperforming community service submitted by the defendant. The court shall alsoreceive and consider the recommendations of the supervisor of communityservice in the locality concerning the plan.

D. Notwithstanding any other provision of law, no person convicted of aviolation of an ordinance adopted pursuant to this section shall be placed onprobation or have his sentence suspended unless such person makes at leastpartial restitution for such property damage or is compelled to performcommunity services, or both, as is more particularly set forth in 19.2-305.1.

E. If a locality seeks to clean or cover the defacement, it shall give noticeto the owner and lessee, if any, of any private building or facility that hasbeen defaced that, within 15 days of receipt of such notice, if the owner orlessee does not clean or cover the defacement or object to the removal of thedefacement, the locality may clean or cover the defacement at the locality'sexpense.

(1995, c. 251, 18.2-138.1; 1997, cc. 445, 461; 2004, c. 462; 2005, c. 614.)