PRINTER'S NO. 1422
No. 1150 Session of 1989
INTRODUCED BY FUMO, SALVATORE, JONES, O'PAKE, HELFRICK, LYNCH
AND AFFLERBACH, JULY 7, 1989
REFERRED TO JUDICIARY, JULY 7, 1989
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing penalties for defacing
3 property; prohibiting the sale of aerosol spray paint cans
4 and broad-tipped markers to minors; regulating the display of
5 such cans and markers; and providing a penalty.
6 The General Assembly of the Commonwealth of Pennsylvania
7 finds that for the health, safety and welfare of the residents
8 of this Commonwealth of Pennsylvania, the laws designed to deter
9 the defacement of public and private property through the use of
10 aerosol spray paint cans, broad-tipped indelible markers and
11 other marking devices should be solidified. The General Assembly
12 finds further that such defacement of property is most often
13 committed by persons under 18 years of age using aerosol cans or
14 markers and that, where the need exists, such aerosol cans or
15 markers may be furnished by a parent or guardian; and,
16 therefore, the sale of such aerosol cans and markers to persons
17 under 18 years of age should be prohibited, and persons engaged
18 in the retail sale of such aerosol cans and markers should be
19 required to take reasonable steps to prevent the theft of such
1 cans and markers. Further, it is the recommendation of the
2 General Assembly that, where appropriate, the court require
3 those who commit acts of defacement to restore the damaged
4 property to its original condition.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 18 of the Pennsylvania Consolidated
8 Statutes is amended by adding a section to read:
9 § 7326. Sale and display of aerosol spray paint cans and broad-
10 tipped markers prohibited in certain instances.
11 (a) Offense defined.--A person may not sell or offer to sell
12 an aerosol spray paint can or broad-tipped indelible marker to
13 any person under 18 years of age. Persons who sell or offer to
14 sell such cans or markers may not display these items and may
15 display only facsimiles of such cans or markers containing no
16 paint or ink.
17 (b) Penalty.--A person who violates this section commits a
18 summary offense and shall, upon conviction, be sentenced to pay
19 a fine of not more than $1,000 or to imprisonment for not more
20 than six months, or both.
21 Section 2. This act shall take effect in 60 days.
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