Felony Charges For A Senior Prank

[JOSweetHeart]

Free speech doesn't mean you can vandalize property.

Tough shit for these kids, a tough way to learn what rights you actually have.

I second this. Vandalizing is bad enough, but then they decided to add racism to their list of wrong doings, so if they end up with any jail time, it will be well deserved.

God bless you always!!!

Holly

 

[Conservative65]

Free speech doesn't mean you can vandalize property.

Tough shit for these kids, a tough way to learn what rights you actually have.

I agree. However, is the punishment based on the actions they took or the words they used?

 

[Conservative65]

They have a felony on their records and could spend a year in prison because they painted words on a building. The punishment does not fit the crime.

It's not supposed to. It's to send a message that offensive speech will be severely punished.

They do this in North Korea, and other similar places.

That's why I believe the punishment is based more on what they said than what they did.

 

[my2¢]

As one that gets really pissed at seeing my taxpayer money go towards cleaning up these sort of thing it was ticking me off seeing the comments here against felony charges being brought. So I took a few minutes to looked up Texas code and based on these few minutes it certainly seems justifiable to me to hit them with a felony.

Sec. 28.08. GRAFFITI. (a) A person commits an offense if, without the effective consent of the owner, the person intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner with:

(1) paint;

(2) an indelible marker; or

(3) an etching or engraving device.

(b) Except as provided by Subsection (d), an offense under this section is:

(1) a Class C misdemeanor if the amount of pecuniary loss is less than $100;

(2) a Class B misdemeanor if the amount of pecuniary loss is $100 or more but less than $750;

(3) a Class A misdemeanor if the amount of pecuniary loss is $750 or more but less than $2,500;

(4) a state jail felony if the amount of pecuniary loss is $2,500 or more but less than $30,000;

(5) a felony of the third degree if the amount of pecuniary loss is $30,000 or more but less than $150,000;

(6) a felony of the second degree if the amount of pecuniary loss is $150,000 or more but less than $300,000; or

(7) a felony of the first degree if the amount of pecuniary loss is $300,000 or more.

(c) When more than one item of tangible property, belonging to one or more owners, is marked in violation of this section pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense, and the amounts of pecuniary loss to property resulting from the marking of the property may be aggregated in determining the grade of the offense.

(d) An offense under this section is a state jail felony if:

(1) the marking is made on a school, an institution of higher education, a place of worship or human burial, a public monument, or a community center that provides medical, social, or educational programs; and

(2) the amount of the pecuniary loss to real property or to tangible personal property is $750 or more but less than $30,000.

 

[AvgGuyIA]

They have a felony on their records and could spend a year in prison because they painted words on a building. The punishment does not fit the crime.

What sort of punishment was given out for Ferguson, Missouri? How about Baltimorean with the stand down and give them space order from the mayor?

 

[Compost]

They have a felony on their records and could spend a year in prison because they painted words on a building. The punishment does not fit the crime.

What sort of punishment was given out for Ferguson, Missouri? How about Baltimorean with the stand down and give them space order from the mayor?

I'm not sure that you are asking. It sounds like you are comparing riots in Ferguson and Baltimore with some kids painting words on the side of a rival school building. That doesn't seem like apples and apples to me. Could you explain further?