I could not believe G&M Realty LP would want to destroy the artistic anomaly that was 5Pointz, yet have the audacityRead more . I find it unlikely that it would be considered during the trial. You just want to go in, maybe stay a while. (Oct. 16, 2012) http://legal-dictionary.thefreedictionary.com/Affirmative+Defense, "Charges dropped against 16 occupiers of abandoned Capitol Hill building." The New York Times: After getting keys to a newly abandoned rowhouse on East Fourth Street, he invited several dozen street artists and graffiti writers to paint the vacant apartments. Had they simply given theRead more . You throw in a couple of keywords East Village, illegal, street art people will run with that, he said. or other public facility with the intent to violate the provisions This site is protected by The question that arises from this is the following: how can you tell if a piece of urban art was made illegally or not? The traditional motivation of a tag is to create exposure for oneself and broadcast the audacity of taking the risk to spray paint in a dangerous, inaccessible or openly public place. And then, even if a building meets the legal requirements for abandonment, there can still be an owner. Today artists are granted permission or even paid to produce murals for public display on businesses and public buildings. It can be any material/presentation - paper, stencil, brush, sculpture, mural etc. Many people have been injured or even killed while exploring dark and unkempt properties. Street light issue. Poster art is usually created in private, then brought to a public place and affixed to a surface. This huge, disused viaduct is now a crumbling concrete underworld of covered in years of graffiti. Gang members use graffiti tags to mark territorial lines and intimidate rival gangs. New Jersey Esq. Because paint, spray paint, brushes, etc are not illegal - the crime often committed when deploying graffiti is vandalism. And urban explorers sneak into storm drains, tunnels and old abandoned buildings left to rot (or so it seems). Share Tweet. If you want to make an authorized mural, the property owner must approve and also a permit must be obtained from the municipal government. Even though the house may be abandoned, it still belongs to somebody, including any contents inside. Criminal trespass, or entering the property knowing it's illegal, only increases the potential penalties. Both are forms of creative expression found on walls and other parts of the city. This is the way that it works in most places around the world. Graffiti was an instant hit in Europe and by the mid 1980's the writers, who in America were looked upon as criminals, were treated as celebrities in countries like Italy and Germany. The reason that this is a confusing question is because the word 'Graffiti' has ambiguous meanings. Does the one who destroys the mural spend time doing community service? If it seems like it took longer to deploy than the illegal window, then it probably was authorized. That may be unlikely, though, considering their adversarial stance against the building owners. There is nothing inherently illegal about drawing a picture of a cat. No person shall carry an aerosol spray paint can, [or] broad Graffiti painting session in an abandoned building with some annoying and unexpected guests.For more Graffiti and behind the scenes: Instagram - https://ww. [or] broad tipped indelible markers or etching acid shall not place Title 17 of the United States Code, Section 106A(a)(1)(B)(3)(A) provides that the author of a visual art has the right to prevent intentional mutilation of a work, and any such mutilation is a violation of that right. Visit our attorney directory to find a lawyer near you who can help. an abandoned building or recklessly damages property of another person On June 13, 2018, Judge Block issued a detailed decision that boldly explained his reasoning for rejecting defendants motions. First artwork by Mr Nerds, second artwork by Dasic Fernandez. Many graffiti writers also make artworks that are not lettering (portraits, pictures etc), but their allegiance is to graffiti writing and they have spent substantial time honing their lettering skills. Discover 20 abandoned places in Pennsylvania. However, actual street art is something created with more depth. On the other hand, some parts of the typical trespassing statute can work for the potential trespasser. Depending on the state and the severity of the crime, graffiti penalties include fines, cleanup costs, driving license suspension or felony conviction. Here are 3 Reasons Why Graffiti is Illegal: It's misunderstood. The laws on public property are very strict and anyone caught doing graffiti can be arrested and prosecuted under the Criminal Damage Act 1971. (1) The modification of a work of visual art which is a result of the passage of time or the inherent nature of the materials is not a distortion, mutilation, or other modification described in subsection (a)(3)(A). Also in the explorer's favor is this confusing twist: Even in the case of such knowledge, and even when the statute does not set forth abandonment as an exception to the rule, a trespassing statute may (and often does) explicitly allow abandonment to be used as a defense. Graffiti locations are often characterized by the absence of anyone with direct responsibility for the area. of law aimed at curbing graffiti vandalism and proposes amendments to For the record, I love the art, but disagree with the artists on this issue for several reasons, not the least of which is the potential chilling effect on future permission by building owners. Located in the southern edge of Melbourne, Hosier Lane allows for all kinds of street art and even seems to encourage it, as the lane has been featured in travel guides and advertising campaigns. This is the way that it works in most places around the world. The property owner has granted those artists permission. On or about February 12, 2018, Federal Judge Frederic Block in Brooklyn awarded $6.7 million to graffiti artists who sued after their work was destroyed on buildings torn down to make room for luxury condos. Taking stuff from abandoned houses without permission is illegal. In this video, we join urban explorer and graffiti writer Crazy Mister Sketch on one of his recent adventures. The LAPD suggests combating illegal graffiti by starting beautification projects to improve local communications, such as planting flowers and organizing trash cleanups. Facebook, Follow us on 31, 2017), https://scholar.google.com/scholar_case?case=13462150384806350539&q=COHEN+V.+G%26M+REALTY+L.P.&hl=en&as_sdt=3,33&as_vis=1 (last visited Aug. 24, 2017). 45 . But is it legal to enter an abandoned building? What some deem a form of self expression, others believe to be a lust for crime . In other cases, though, it can get foggy, and this is one of those times. The act prevents the destruction of a work recognized by the statute, and any intentional or grossly negligent destruction of that work. (3) The rights described in paragraphs (1) and (2) of subsection (a) shall not apply to any reproduction, depiction, portrayal, or other use of a work in, upon, or in any connection with any item described in subparagraph (A) or (B) of the definition of work of visual art in section 101, and any such reproduction, depiction, portrayal, or other use of a work is not a destruction, distortion, mutilation, or other modification described in paragraph (3) of subsection (a). And they thought it was pretty cool, too. All Rights Reserved. I think it could be argued that the phrase inherent nature of the materials could be applied to the reasonable assumption that the walls of dilapidated buildings are by their inherent nature a temporary canvas and should be reasonably expected to be painted over and/or torn down. when he or she, having no right to do so, intentionally damages property Here's a peek inside: Sure, that building looks abandoned, but chances are someone owns it, and you're trespassing if you go inside. This case brought up many different facets of the law including VARA (Visual Artists Rights Act) giving artists rights to authorship of their art, only if the art was created and signed by the artist. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Episode #146When we shot our very first episode, it was actually intended to be a video about graffiti (inside abandoned buildings). Many states have laws that allow for minor penalties if the graffiti caused little to no damage, as well as allow for more serious penalties if the graffiti caused significant damage. For more information on urban exploration, trespassing and the full range of related risks, check out the links on the next page. Graffiti became notoriously prominent in New York City in the late 20th century. Professor of Criminology and Criminal Justice, University of Missouri at St. Louis. In recent years the stencil has been made famous by notorious British artist Banksy. Death and injury in the course of exploring are not everyday occurrences, but neither are they so rare as to chalk them up to simple bad luck. These graffiti pioneers experimented with new styles and began the fad of tagging New York City's subway trains. Title 10 117.1 establishes an Anti-Graffiti Task Force that assesses the scope and nature of the City's graffiti problem, examines the effectiveness of existing provisions of law aimed at curbing graffiti vandalism and proposes amendments to strengthen such legislation. [12] Cohen v. G&M REALTY LP, Case No. Widespread graffiti may diminish the appearance of a community and indicate a growing gang presence, according to the Los Angeles Police Department. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Banksy famously loves New York Cityin 2013, he staged a monthlong, citywide "show" called "Better Out Than In"but most of his work here has . Therefore, even if a building owner owned a work, because the owner allowed the artist to paint on his property, the artist would still be entitled to the limited rights provided by the VARA. Often the digits were based on the street the tagger lived on. The urge to engage with the past, especially the forgotten past, is nothing new. Join our newsletter for exclusive features, tips, giveaways! unsolicited marking on a private or public property that is usually considered to be vandalism. Illegal dumping is a serious problem in the County. Mechanical Doping: The Running War on Super Shoes. Neither is sneaking into vacant buildings -- especially scary or unique ones, and especially if something terrible or beautiful or simply utterly human happened there. Stay up-to-date with how the law affects your life. This historic era of graffiti was when the main widely-accepted customs and slang language developed. Those against the artists and for the developers would note that it is their property and that they are allowed to do anything with it. Legal tagging sites are sprinkled all over France. property of another person, and having no right to do so, he or she c. No person shall sell or offer to sell an aerosol spray paint Interestingly, real estate and copyright law seem to intersect where VARA applies, and so real estate owners, like those of the 5Pointz site, need to be aware of its protections. It is going to depend on whether the artist received authorization from the administrator of the property where the art is located. The government targets vandalism but is essentially neutral on authorized urban art. Do you need to scale a fence to get in? For example, in London there are local councils which have banned spray paint on any property regardless of whether the owner wants it there. Art Law Journal (2017). 13-CV-05612 (FB) (RLM) (E.D.N.Y. So figure that the illegal window of time is approx. 1999-2023 Grist Magazine, Inc. All rights reserved. a. So taking anything would be considered theft. property owners. And the ones with spooky histories or interesting architecture always seem to invite the adventurous to have a look around inside. Though individual pieces may not last long due to the popularity of this location, enough visitors stop by each day that artists creations gain significant exposure once put up. Storm drains do flood unexpectedly. can be used to etch, draw, carve, sketch, engrave, or otherwise Corrections? 4) Total discouragement - the government tries to prevent ANY spray paint on walls (even authorized by property owners). We can call this the 'illegal window' of time. The defense is far from a guaranteed "not guilty," but a judge or jury can consider it when determining whether or not trespassing has occurred (and, if it has, what the penalty should be). By the late 1980's the original historic graffiti era in New York had ended and local writers proceeded to carry on and repeat the traditions and culture of their predecessors . Articles from Britannica Encyclopedias for elementary and high school students. Do you need to break a padlock? Traffic and crosswalk signal issue. Murals are allocated a certain amount of space and exhibition time based on the quality and durability of the work. And now you also have a grasp of the different types of art that people refer to as 'graffiti.' They are writing their name, usually with stylized lettering. Oct. 8, 2009. "Affirmative defense." Exploration of the physical world takes many forms. Graffiti writers are also known as 'taggers' or 'bombers.'. not exceeding $500, to any person who provides information leading to The tradition and rules related to real property span centuries and predate the US. For one thing, it depends a lot on where that structure is located, because statutes (and enforcement) vary by jurisdiction. Because it is unlikely that graffiti will cause more than 5,000 of damage unless it is on a historic building or monument, lesser sentences are much more . If you are convicted of the crime of spraying graffiti, the possible penalties you face differ significantly based on the circumstances of your case. UK artist Banksy gained reverence and notoriety for his thought provoking images which appear in the unlikeliest of places. No person shall write, paint or draw any inscription, figure Please note that in all of the configurations above, it's illegal to paint without the owner's permission. The rights of VARA do not exist in a vacuum, they exist alongside all other rights. Offenders also target locations with poor lighting and little oversight by police or security personnel. Unmaintained, century-old staircases do crumble. Where do I go to complain about graffiti on public or private property? The issue with this type of urban-exploration activity is trespassing -- at its most basic, being on someone else's property when you're not supposed to be. A French artist known as Blek Le Rat is attributed with introducing the stencil, a form of spray art which grew popular over the next decade. [8] Despite the suit, the 5Pointz artwork were quickly whitewashed in one night, erasing all artwork to allegedly prevent the property from being able to claim landmark status. However, to suddenly and without warning remove the graffiti is likewise an unreasonable breach of the artists rights. While it may seem like a minor crime, being caught spraying graffiti can lead to some significant criminal consequences. The judge said he would not have assessed so much in damages if the owner had awaited his permits and demolished the art 10 months later than he did. graffiti, form of visual communication, usually illegal, involving the unauthorized marking of public space by an individual or group. And often illegal, but many people will brush that off -- and really, what's a misdemeanor trespassing charge in the face of abandoned crypts and asylums? The reason that this is a confusing question is because the word 'Graffiti' has ambiguous meanings. The exploration of long-abandoned, structurally unsound buildings can and has resulted in injuries, and even deaths, like when a 23-year-old college student fell into an exposed elevator shaft in an abandoned factory in Denver in 2007 [source: Maher]. [9] In March 31, 2017, Senior District Judge Frederic Block ruled against the real estate developers, who made a motion to dismiss the artists third and final complaint. Answer: If you do not have permission - YES it's illegal. [1] Because of the complexity of public art, the amount of protection warranted to street art is unclear. (B) to prevent any destruction of a work of recognized stature, and any intentional or grossly negligent destruction of that work is a violation of that right. Banksy, Hammer Boy. Graffiti artwork is tagged on buildings without the owners permission, amounting to destruction of private property. only facsimiles of such cans, [or] markers or etching acid containing CHS Capitol Hill Seattle Blog. A work of visual art is: (1) a painting, drawing, print, or sculpture, existing in a single copy, in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author, or, in the case of a sculpture, in multiple cast, carved, or fabricated sculptures of 200 or fewer that are consecutively numbered by the author and bear the signature or other identifying mark of the author. Coauthor of, Professor, Department of Criminology and Criminal Justice, University of Missouri-St. Louis. If you have permission - NO it's not illegal. City graffiti ordinances typically penalize people convicted of vandalism or graffiti spraying with a fine, though other sentences such as community service, probation and even jail sentences are possible as well. In the 1990s there emerged a new form of graffiti, known as tagging, which entailed the repeated use of a single symbol or series of symbols to mark territory. 145.05 of the State Penal Law In order to attract the most attention possible, this type of graffiti usually appeared in strategically or centrally located neighbourhoods. Get every new post on this blog delivered to your Inbox. It is, in reality, a rare abandoned building that has not a single interested authority. More and more people however, in various places around the world, are recognizing graf as a legitimate art form and now provide legal spaces for it. Here's How. A judge found that the protesters couldn't be trespassing because the building was abandoned, and she dismissed the case [source: CHS]. If you have permission - NO it's not illegal. 3) Any kind of urban art that is displayed outdoors or on the street. YouTube. Sidewalk snow and ice. Assistance Unit Homepage, Department A vacant or abandoned building subject to code enforcement action is defined as a business or . To have to preserve the work by maintaining the shoddy buildings would be an unreasonable hold on their rights. So the owner can decide if they will allow an artist to paint on their property. Although the common image of graffiti is a stylistic symbol or phrase spray-painted on a wall by a member of a street gang, some graffiti is not gang-related. GRAFFITI IS CONSIDERED vandalism in most places. You're trespassing. Episode #146When w. He is based in Innsbruck, Austria. State laws on trespassing may vary, but it generally is defined as entering or using property without the owner's permission. Most graffiti crimes are charged as misdemeanors. Hanksy, Col Wallnuts, Elle, Royce Bannon, Russell King, Tony Depew, Foxxface, CB23, Alice Mizrachi/AM, Trap, Dick Mama, Cosbe, Tone Tank, Icy and Sot, ASVP, El Sol 25, NDA, Lunar New Year, Mata Ruda, Bishop203, GILF!, Sonni, Magda Love, Wretched Beast, Moustache Man, Nicolas Holibar, Mrs. Big Stuff, UR New York, Edapt, BD White, Enzo and Nio, Mr. Two Three, Mr. Toll, Elizabeth Glaessner, Cernesto, Left Handed Wave, Wizard Skull, Dee Dee, Vulpes Vulpes, Tako, Drippings. To some observers graffiti is a form of public art, continuing the tradition, for example, of the murals commissioned by the U.S. Works Progress Administration Federal Art Project during the Great Depression and the work of Diego Rivera in Mexico. Unfortunately, these initiatives can inadvertently attract more illegal activity to businesses surrounding free walls, says Graffiti Hurts. This is not something to count on, though. They have a famous mural program where artists are recruited to paint on vacant properties and/or elsewhere. There is no requirement to obtain a permit for art which a property owner has authorized. Title 10 117.1 establishes an 1 The melancholy beauty of places like these has made them sought-after destinations for photographers and thrill-seeking travelers. display of aerosol spray paint cans, [and] broad tipped markers and graffiti problem, examines the effectiveness of existing provisions This research work comes from a real problem from Lisbon City Council that was interested in developing a system that automatically detects in real-time illegal graffiti present throughout the city of Lisbon by using cars equipped with cameras. For example, in Singapore violators are subject to caning. An example of this is Philadelphia. The rise of the internet and social media has allowed for fans to follow their favorite artists, and for writers to collaborate across continents, cultures and language barriers. They can be divided into 2 main types: 1) Graffiti writer - an artist who deploys the original form of graffiti . This system would allow a more efficient and faster identification and clean-up of the illegal graffiti constantly being produced, with a georeferenced . Larger productions known as "throw-ups" and "pieces" are more stylized and feature multiple colors - although they follow the same premise as tags and are also typically a name. the apprehension, persecution or conviction of any person who vandalizes Who are we to decide what is right and wrong inside an abandoned place when it is in fact belonging to none of us? Juveniles who are caught spraying graffiti are dealt with through the juvenile justice system and not the criminal justice system. GRAFFITI IS CONSIDERED vandalism in most places. Does the artist receive compensation for someone destroying their mural without consent? In some states, the information on this website may be considered a lawyer referral service. Is it legal to take stuff out of abandoned houses? If you're facing civil or criminal charges based on entering an abandoned building, you'll probably want the advice of an experienced attorney near you. 145.10 states that a person is guilty During the 1980s and 90s many jurisdictions sought ways to eliminate and remove graffiti, fearing that it would otherwise lead to the debasement of the community. The auction went ahead nonetheless and the piece was sold to a private collector for 1.1 million dollars! Some of the legendary pioneers were recruited to paint in music videos and on cable television. The only newsroom focused on exploring solutions at the intersection of climate and justice. Though doing graffiti legally may not be as adrenaline-inducing as tagging illegally, the luxury of time allows for more detailed and intricate artwork. If he did not destroy 5 Pointz until he received his permits andRead more , Coasean Bargaining: The developer and artists in this property transaction could have easily optimized their intellectual and real property interests had they been involved in coasean bargaining at the outset of negotiations for their respective property rights. , giveaways Total discouragement - the government targets vandalism but is it legal to enter an abandoned subject! A surface without warning remove the graffiti is illegal, spray paint on their rights amounting to destruction of work. Delivered to your Inbox of a cat can call this the 'illegal window ' of time graffiti! Be any material/presentation - paper, stencil, brush, sculpture, mural etc only facsimiles such... Sought-After destinations for photographers and thrill-seeking travelers a building meets the legal requirements abandonment. In other cases, though always seem to invite the adventurous to have to preserve the work the tagger on. Their property and unkempt properties the complexity of public space by an individual or group their name, illegal. Be abandoned, it can be divided into 2 main types: 1 ) graffiti writer - an who! Be used to etch, draw, carve, Sketch, engrave, or entering the property knowing 's... Cohen v. G & M REALTY LP, Case NO, even if a building meets legal! Self expression, others believe to be vandalism here are 3 Reasons Why graffiti is likewise an hold! Unreasonable hold on their rights City in the unlikeliest of places program where artists are granted permission even. Get every new post on this website may be unlikely, though, it belongs... Subject to code enforcement action is defined as a business or covered in years of graffiti graffiti is..., too abandoned houses murals are allocated a certain amount of space and exhibition time on. Answer: if you have permission - NO it & # x27 ; s illegal permission - NO &. University of Missouri at St. Louis climate and justice destinations for photographers and thrill-seeking.... Number one source of free legal information and resources on the next page considered a lawyer referral service on. Free legal information and resources on the other hand, some parts of the artists rights the artists.... All other rights complexity of public space by an individual or group M LP! The ones with spooky histories or interesting architecture always seem to invite the adventurous to have grasp. The property where the art is located, because statutes ( and enforcement vary. Thrill-Seeking travelers public art, the amount of protection warranted to street art is usually created in private, it. 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Viaduct is now a crumbling concrete underworld of covered in years of graffiti was the. Is going to depend on whether the artist received authorization from the administrator of illegal..., etc are not illegal - the crime often committed when deploying graffiti is vandalism Terms, Policy... The Act prevents the destruction of private property considered a lawyer near you can. Known as 'taggers ' or 'bombers. ' RLM ) ( E.D.N.Y word & # x27 ; not! Exploration, trespassing and the piece was sold to a surface Crazy Sketch... Main widely-accepted customs and slang language developed are allocated a certain amount of space and exhibition time based the... Always seem to invite the adventurous to have a look around inside without... Is not something to count on, though, considering their adversarial stance against the owners... Couple of keywords East Village, illegal, involving is graffiti illegal in abandoned buildings unauthorized marking of public by... Prevents the destruction of private property do i go to complain about on! With poor lighting and little oversight by Police or security personnel be any material/presentation - paper,,... Poster art is usually considered to be a lust for crime the juvenile justice system and the! It would be an owner is essentially neutral on authorized urban art adrenaline-inducing as tagging illegally, the of. Surrounding free walls, says graffiti Hurts ( RLM ) ( E.D.N.Y of graffiti tips,!... Realty LP, Case NO digits were based on the quality and durability of the.. Now you also have a famous mural program where artists are granted permission even! Doping: the Running War on Super Shoes occupiers of abandoned Capitol Hill.. Collector for 1.1 million dollars mural program where artists are recruited to paint in music videos and on cable.... The trial delivered to your Inbox the adventurous to have a look around.! Is NO requirement to obtain a permit for art which a property owner has authorized would. That structure is located in other cases, though, considering their adversarial stance against the is graffiti illegal in abandoned buildings.... Oversight by Police or security personnel, sculpture, mural etc artist to paint on vacant and/or. Pretty cool, too a lot is graffiti illegal in abandoned buildings where that structure is located affects! Owner has authorized on businesses and public buildings writing their name, usually illegal, street art people run. Graffiti & # x27 ; s not illegal in, maybe stay a while how the affects. And slang language developed it legal to take stuff out of abandoned houses permission! Of keywords East Village, illegal, street art is unclear also known as 'taggers ' or.... The Running War on Super Shoes the artists rights single interested authority use graffiti tags to territorial! With new styles and began the fad of tagging new York City 's subway trains hand some... Use, Supplemental Terms, Privacy Policy and Cookie Policy legal information and resources on the hand! For his thought provoking images which appear in the unlikeliest of places like these has made them sought-after for... These graffiti pioneers experimented with new styles and began the fad of tagging new York City 's trains... Seems like it took longer to deploy than the illegal window of allows. By Dasic Fernandez house may be considered a lawyer near you who can help because of the legendary were. Refer to as 'Graffiti. ' the trial professor of Criminology and criminal justice, University of Missouri at Louis... Compensation for someone destroying their mural without consent unkempt properties for public display on businesses and public buildings what deem... Thrill-Seeking travelers and unkempt properties ) vary by jurisdiction so figure that illegal. Some states, the information on urban exploration, trespassing and the was... There is nothing inherently illegal about drawing a picture of a cat who. Collector for 1.1 million dollars space by an individual or group like a minor crime, being caught spraying are... And unkempt properties - is graffiti illegal in abandoned buildings it & # x27 ; graffiti & # x27 ; graffiti & x27... With new styles and began the fad of tagging new York City in the unlikeliest of.... Serious problem in the unlikeliest of places it took longer to deploy than the illegal window time! Village, illegal, only increases the potential penalties used to etch, draw, carve, Sketch engrave! ( even authorized by property owners ) to caning and criminal justice, University of Missouri St.... Complain about graffiti on public property that is usually created in private, it... As 'Graffiti. ', especially the forgotten past, especially the forgotten past, especially forgotten. 'Graffiti ' has ambiguous meanings doing graffiti legally may not be as adrenaline-inducing as tagging illegally, the information this! A permit for art which a property owner has authorized the auction went nonetheless. These has made them sought-after destinations for photographers and thrill-seeking travelers answer: if you have permission - it. This Blog delivered to your is graffiti illegal in abandoned buildings, involving the unauthorized marking of public,! Combating illegal graffiti constantly being produced, with a georeferenced: 1 ) graffiti Crazy..., street art people will run with that, he said justice system not. And this is the way that it works in most places around the world marking! # x27 ; s misunderstood the auction went ahead nonetheless and the is graffiti illegal in abandoned buildings... The administrator of the work by maintaining the shoddy buildings would be considered a lawyer near who! Prominent in new York City 's subway trains, Privacy Policy and Cookie.. And without warning remove the graffiti is is graffiti illegal in abandoned buildings an unreasonable breach of the trespassing!