Archive for the ‘penalties’ Tag

Tagging, part 2: how a signature can lead to prison

The previous entry was about some apects of social attitudes to tagging; however, it didn’t mention one of the most important aspect of how people think about tagging – that it constitutes a crime.

Precisely which crime depends upon the jurisdiction you are in. In Victoria, it could fall under the Summary Offences Act, or if you are caught carrying something like a marker pen or a spray can, you might be prosecuted under the new Graffiti Prevention Act (see my previous post in September 2008, called ‘Clamping down’). Some jurisdictions have graffiti-specific legislation, like Victoria’s new laws, while others prosecute tagging and other graffiti activities under more generic headings.

But of course the thing is that calling tagging (or any other graffiti-related activity) a crime sets off a whole series of consequences. First of all, it categorises the activity as something that ‘society’ should be concerned about, should condemn, and should try to prevent. Next, and directly following on from that, it perm its the involvement of the police and other crimino-legal agencies and institutions, and authorises them to ‘respond’ to graffiti. Relatedly, it allows councils to create local laws which authorise the removal of graffiti (consider the fact that councils are compelled to have ‘graffiti management plans’, mainly because graffiti is considered criminal, but not ‘public urination reduction plans’, or ‘bag snatching abatement plans’). Subsequently, if an individual is discovered engaging in a graffiti-related activity, such as tagging, by these crimino-legal agencies (most likely the police), then the categorisation of tagging as ‘criminal’ means that they can be arrested, charged, and prosecuted. Once that’s done, then further consequences follow: an on-the-spot fine, perhaps, or an appearance at the Childrens or Magistrates Court.

Many people assume that when individuals get prosecuted under laws prohibiting graffiti-related activities the punishments available are not harsh. Some might assume the penalties are ‘lenient’.  (After all, it’s only a property crime, right? It’s not as if we are talking about interpersonal violence.) Others might say that the available penalties are ‘not harsh enough’ (and would argue that the effects of property crimes accumulate such that their overall effects are considerable).

So perhaps it’s useful to be reminded that the punishments are not ‘lenient’ or ‘not harsh enough’. A couple of days ago, an 18-year old girl, Cheyene Back, in Sydney was sentenced to three months’ imprisonment for writing on a wall in a cafe. (Check out here what the Everfresh boys had to say about this. And click here to read a thoughtful opinion piece about the case by Kurt Iveson.)

According to one news report (thanks for sending the link, Noah!), she wrote her ‘nickname’ (which I presume means her tag) on what’s described as the ‘public wall’ of the Hyde Park Cafe. I’m not sure what ‘public wall’ means – is it the outer wall, or does it mean something else? ‘Public’ wall sounds like ‘legal’ wall, but given that the action led to her being ‘caught’ with ‘a black texta at the scene’, that surely can’t be right. (Perhaps someone from Sydney who knows the Hyde Park Cafe could enlighten me as to what the ‘public wall is…)

Whatever it is, Cheyene has been convicted of the offence of ‘intentionally destroying or damaging property’, and she will go to jail as a result. And all through the chain of consequences set up by the categorisation of the act of writing one’s name on property belonging to another as ‘criminal’.