(a) No person other than a parent or legal guardian shall sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, loaned, or otherwise furnished, any graffiti implement to any person under the age of eighteen (18) years.

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(b) Evidence that a person, his or her employee, or agent demanded and was shown acceptable evidence of majority and acted upon such evidence in a transaction or sale shall be a defense to any prosecution under this section. Acceptable evidence of majority shall include, but is not limited to, driver’s license, state-issued identification or military identification.

(c) This section does not apply to the transfer of graffiti implements from parent to child, guardian to ward, employer to employee, teacher to student or in any other similar relationship when such transfer is for a lawful purpose.

(d) Violation of this section is a class 1 misdemeanor.


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It is a class 2 misdemeanor if one places a mark upon a flag which is likely to provoke physical retaliation.

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