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2006 Utah Code - 78-11-20.7 — Compensatory service -- Graffiti penalties.

     78-11-20.7.   Compensatory service -- Graffiti penalties.
     (1) If an offender uses graffiti and is convicted under Section 76-6-106 or 76-6-206 for its use, or adjudicated in the juvenile court under Section 78-3a-118, the court may, as a condition of probation under Subsection 77-18-1(8), in addition to the compensatory or general damage award imposed pursuant to Section 78-11-20, order the offender to clean up graffiti of his own and any other at a time and place within the jurisdiction of the court.
     (a) For a first conviction or adjudication, the court may require the offender to clean up graffiti for not less than eight hours.
     (b) For a second conviction or adjudication, the court may require the offender to clean up graffiti for not less than 16 hours.
     (c) For a third conviction or adjudication, the court may require the offender to clean up graffiti for not less than 24 hours.
     (2) Any compensatory service of a person under the age of 18 years which is required, under this section, may be performed in the presence, and under the direct supervision, of the person's parent or legal guardian. The person's parent or legal guardian shall report completion of the order to the court.
     (3) The offender convicted under Section 76-6-106, 76-6-206, or 76-6-107 or adjudicated under Section 78-3a-118 or his parent or legal guardian, if applicable, shall be responsible for removal costs as determined under Section 76-6-107, unless waived by the court for good cause.
     (4) The court may also require the offender to perform other alternative forms of restitution or repair to the damaged property pursuant to Subsection 77-18-1(8).

Amended by Chapter 94, 1998 General Session

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