Man facing 13 years in prison for writing "anti Bank" messages in chalk

I see no malicious intent there.

Washable chalk is not graffitti.

Nothing was damaged.

Nothing was destroyed.

Chalk is water soluble.

 

It looks like it's technically defacement.
He defaced the sidewalk. Nothing has to be destroyed.
That is why it's Deface, Destroy or Damage.
Defacement is a type of vandalism.
I'd rather not use such words like 'vandalism', though.
The law states you can not deface property that is not your own. Which is where the whole: 'Yeah, they will be locking kids up next' comes in *snooze*
The point is, people are taken to court under the California code I posted /end.

Argue the point till you are blue in the face - it aint gonna change

Posted on 29 September 2011.
http://www.copblock.org/8530/a-moment-of-clarity-for-chalk/

https://www.youtube.com/watch?v=8mIZszPyK78"]"The Police Are On The Wrong Side At The Occupy Wall Street Protests" - MOC #79 - YouTube

 

ahh he was acquitted what do ya know? Real injustice I tell ya!

People around here obviously have not spent much time researching the legal system odon.

 

Chalk is NOT graffiti to all of you lovers of overbearing gov't and laws.. and to argue that it is defacement is grasping for straws, seeing as how it will be back to normal at the first rainfall or even from foot traffic. Deface to me implies permanent damage that will require human labor to reverse.

By that logic, every suburban kid should be arrested. And every person that spits on the sidewalk or walks on 'public' grass or litters should be charged under that section of the law.

Maybe we should just start caning people?

 

well that's what happened to me but I was a rural kid. What you got against us rural kids? I hate government more than you bro. I'm just saying it's a simple concept. If you don't get it, you don't get it, it's ok, just read it over a few times until you do. I believe in you man.

 

Come talk to me about all of this when your balls drop. Maybe by the time you're 25? 27?

 

You have such ostensible wisdom, too bad ya can't share it. I believed in ya too. And why are you talking about my balls? Creepy

 

..

 

SunshineChild

Perhaps not. Perhaps it's just an attempt to turn this into a 'constitutional battle about free speech' - which elevates this minor infraction into something more grandiose. Looking at the link I posted, it isn't the first time this (chalking) has been an issue.

deviate

Well, it looks like Penal Code Section 594.2 covers chalk.
But it doesn't cover defacement - which is a form of vandalism.

Penal Code Section 594.1 seems to cover a child drawing on the side-walk for hopscotch etc.

(4) This subdivision shall not apply to the furnishing of six
ounces or less of etching cream or an aerosol container of paint to a
minor for the minor's use or possession under the supervision of the
minor's parent, guardian, instructor, or employer.
(5) Etching cream, aerosol containers of paint, or related
substances may be furnished for use in school-related activities that
are part of the instructional program when used under controlled and
supervised situations within the classroom or on the site of a
supervised project. These containers may not leave the supervised
site and shall be inventoried by the instructor. This use shall
comply with Section 32060 of the Education Code regarding the safe
use of toxic art supplies in schools.

Littering is a separate issue.
I'm sure somebody has said: 'Yeah, but how can it be littering if it's biodegradable?'

It doesn't matter what it implies to you or me.
But, it looks like that is why they added: Destroy and Damage.
Neither of which he did.
Say it didn't rain for weeks?
It would probably take a week or so for human traffic to obliterate it.
However, it isn't a question of how long it is there for in this particular case, it seems.
It's the act of doing it in the first place that seems to be the issue.

I guess the law has to be a net rather than a bucket.

He's a free man.

I think we can all agree it was a monumental waste of time.

 

... a simple to understand concept yet unbelieved by indoctrinated corporate tools.

 

Wow. I wonder what the courts would do to all those idiots who tag everything in San Diego. I'd rather see something that was meant to spread a message rather than some idiots attempt to claim territory.

 

http://www.sdcounty.ca.gov/pds/ce5/graffiti.html

http://www.latimes.com/news/local/la-me-chalk-protester-20130702,0,5268242.story

 

Common sense prevails.