ENROLLED Page 1 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions. ACT No. 990 Regular Session, 2010 HOUSE BILL NO. 1264 BY REPRESENTATIVES LAFONTA AND HINES AN ACT1 To enact R.S. 14:56.5, relative to damage to property; to create the crime of criminal2 damage to historic buildings and landmarks by defacing with graffiti; to provide for3 penalties; to provide for definitions; and to provide for related matters.4 Be it enacted by the Legislature of Louisiana:5 Section 1. R.S. 14:56.5 is hereby enacted to read as follows: 6 ยง56.5. Criminal damage to historic buildings or landmarks by defacing with graffiti7 A. It shall be unlawful for any person to intentionally deface with graffiti any8 historic building or landmark, whether publicly or privately owned, without the9 consent of the owner.10 B. As used in this Section, the following terms shall have the following11 meanings:12 (1) "Deface" or "defacing" is the damaging of any historic building or13 landmark by means of painting, marking, scratching, drawing, or etching with14 graffiti.15 (2) "Graffiti" includes but is not limited to any sign, inscription, design,16 drawing, diagram, etching, sketch, symbol, lettering, name, or marking placed upon17 any historic building or landmark in such a manner and in such a location as to18 deface the property and be visible to the general public.19 (3) "Historic building or landmark" means any of the following:20 (a) Any building or landmark specifically designated as historically21 significant by the state historic preservation office, historic preservation district22 commission, landmarks commission, the planning or zoning commission of a23 governing authority, or by official action of a local political subdivision.24 ENROLLEDHB NO. 1264 Page 2 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (b) Any structure located within a National Register Historic District, a local1 historic district, a Main Street District, a cultural products district, or a downtown2 development district.3 C.(1) Whoever commits the crime of criminal damage to historic buildings4 or landmarks by defacing with graffiti shall be fined up to one thousand dollars and5 may be imprisoned, with or without hard labor, for not more than two years.6 (2) The court shall also order the offender to perform the following hours of7 community service as follows:8 (a) For a first conviction, not to exceed thirty-two hours over a period not to9 exceed one hundred eighty days.10 (b) For a second or subsequent conviction, sixty-four hours over a period not11 to exceed one hundred eighty days.12 (3) The fine and community service imposed by the provisions of this13 Section shall not be suspended.14 SPEAKER OF THE HOUSE OF REPRESENTATI VES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED: