Degree

Depending on the facts, graffiti can be charged as a 2^nd degree felony, 3^rd degree felony, class A misdemeanor or class B misdemeanor.

Elements

A defendant commits a 2^nd degree felony graffiti when they utilize any form of unauthorized printing, writing, spraying, scratching, affixing, or inscribing on the property of another regardless of the content or nature of the material used in the commission of the act and the damage caused is in excess of $5,000.

A defendant commits a 3^rd degree felony graffiti when they utilize any form of unauthorized printing, writing, spraying, scratching, affixing, or inscribing on the property of another regardless of the content or nature of the material used in the commission of the act and the damage caused is in excess of $1,000.

A defendant commits a class A misdemeanor graffiti when they utilize any form of unauthorized printing, writing, spraying, scratching, affixing, or inscribing on the property of another regardless of the content or nature of the material used in the commission of the act and the damage caused is equal to or in excess of $300.

A defendant commits a class B misdemeanor graffiti when they utilize any form of unauthorized printing, writing, spraying, scratching, affixing, or inscribing on the property of another regardless of the content or nature of the material used in the commission of the act and the damage caused is less than $300.

Fine

2^nd degree felony: A fine not to exceed $10,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(a), Utah Code Ann. §51-9-401)
3^rd degree felony: A fine not to exceed $5,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(b), Utah Code Ann. §51-9-401)
Class A misdemeanor: A fine not to exceed $2,500, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(c), Utah Code Ann. §51-9-401)
Class B misdemeanor: A fine not to exceed $1,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(d), Utah Code Ann. §51-9-401)

Restitution

The court shall order a defendant convicted of this crime to pay restitution to the victim in the amount of removal, repair, or replacement costs. An additional amount of $1,000 shall be added to the removal costs if the graffiti is positioned on an overpass or underpass and traffic is required to be interfered with in order to remove it, or the entity responsible for the area in which the clean-up is to take place must provide assistance in order for the removal to take place safely. Note, a defendant who voluntarily and at his own expense, removes graffiti for which they are responsible may be credited for the removal costs against restitution ordered by the court. (Utah Code Ann. §76-6-107(5), §76-6-107(6), §76-6-107(7))

Imprisonment

2^nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years.
(Utah Code Ann. §76-3-203(2))
3^rd degree felony: A term of imprisonment not to exceed 5 years.
(Utah Code Ann. §76-3-203(3))
Class A misdemeanor: A term in jail not to exceed 1 year.
(Utah Code Ann. §76-3-204(1))
Class B misdemeanor: A term in jail not to exceed 6 months.
(Utah Code Ann. §76-3-204(2))

DNA Specimen Analysis

A defendant convicted of a class A misdemeanor, 2^nd degree felony, or 3^rd degree felony graffiti must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))

Firearms

A defendant convicted of 2^nd or 3^rd felony graffiti may not posses, use or have control of a firearm or ammunition for life.
(18 U.S.C. §922(g)(9))