Graffiti is considered a third degree misdemeanor, with a $500 charge and possibly 60 days in jail. Athens law enforcement said it's hard to catch those who are responsible.
Graffiti is considered "free expression" by some, but the City of Athens sees it as a $500 fine.
If a person is caught, a third-degree misdemeanor charge is handed to those responsible. There is also a possibility of 60 days in jail in addition to the fee.
Though graffiti can be found in multiple locations on and off campus, city officials find it hard to catch people in the act.
“We see a lot of graffiti, very few charges,” Athens Police Chief Tom Pyle said.
Graffiti is a difficult crime to hold someone accountable for because it happens quickly and out of sight, Pyle said.
“The majority of it I don’t view as art, I view it as a crime,” Pyle said.
Pyle recalled a piece of graffiti that spread over the top of an archway to a building that required the person to be upside down to paint it. He added that other types of graffiti are unsightly on Court Street.
The mural wall by Bentley Hall is not considered graffiti, Pyle said.
“There’s permission to use those walls — it’s tradition,” he said.
On the rare occasion that someone is caught with paint in their hand, they’re charged with a criminal mischief charge, Lisa Eliason, city law director, said.
According to the Athens Municipal Code, criminal mischief is when an individual knowingly moves, defaces, damages, destroys or tampers with property without permission to do so.
“The problem is people don’t normally see the person doing it,” Eliason said.
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In one case about ten years ago, someone was caught graffitiing in an alley behind Taco Bell, but charges weren’t pursued because there was already a warrant out for the individual's arrest, she said.
When someone is caught, the court offers the option to work off the fine through community service, Eliason said.
When graffiti is found on campus rather than the city, the Ohio University Police Department classifies it as a damage report, Lt. Tim Ryan said.
“It is difficult to find the responsible individuals if they are not caught in the act, but it is not necessarily impossible,” Ryan said. “We do on occasion catch people in the act.”
About three years ago, Ryan and his colleagues caught individuals actively spray painting the Seigfred Hall archway.
Though some students think self expression through graffiti should be encouraged, others disagree.
Meredith Bates, a freshman studying psychology, said the charge for graffiti in the city is needed.
“It’s illegal and they shouldn’t get away with it,” Bates said.
Amanda Hall, a sophomore studying integrated media, said if the graffiti is on campus, the individual should be left alone.
“Creative expression is huge, so they shouldn’t be charged,” Hall said.
If the graffiti appears on a public office, Hall added that the charges should be upheld.
Rachel Randall, a sophomore studying social work, agreed with Hall, pointing to the creative and "thought-provoking" quotes inscribed in Ellis Hall’s bathroom stalls.
“It’s good to be creative like that,” Randall said.
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