alexnh123
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October 2007
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how illegal is street art and what are the laws?, by alexnh123 on Oct 18, 2010 16:45:08 GMT 1, Street art seems to be hyped so much, in part due to it's illegality. Street artists are considered bold and brave for the work they do despite the laws, but are we all aware of exactly what these laws are, to what extent street art is illegal, and what punishments they risk receiving? Does a lot of it just fall into the context of fly posting and littering? Does involving a spray can take it into a new category with greater risks? Does graffiti and street art come under the same remit in the eyes of the law? It would be interesting to know if anyone knows for sure. There must be some representatives of the law among us?! And some parents who would like to know what trouble their kids risk getting into! Perhaps it would help to clarify, and re-consider the context within which they operate, and within which we view and enjoy the work. Discuss.
Street art seems to be hyped so much, in part due to it's illegality. Street artists are considered bold and brave for the work they do despite the laws, but are we all aware of exactly what these laws are, to what extent street art is illegal, and what punishments they risk receiving? Does a lot of it just fall into the context of fly posting and littering? Does involving a spray can take it into a new category with greater risks? Does graffiti and street art come under the same remit in the eyes of the law? It would be interesting to know if anyone knows for sure. There must be some representatives of the law among us?! And some parents who would like to know what trouble their kids risk getting into! Perhaps it would help to clarify, and re-consider the context within which they operate, and within which we view and enjoy the work. Discuss.
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how illegal is street art and what are the laws?, by walshy on Oct 18, 2010 16:54:15 GMT 1, Personally id say graffiti is graffiti in the eyes of the law... I cant see them bothering to seperate the two, it would simply be vandalism Anything with a can is going to get you in more trouble than a wheate paste, due to the permanence of it imo.
It seems that in some UK citys graff is tolerated in certain spaces/walls, wether or not they are all legal spots I would have no clue
Personally id say graffiti is graffiti in the eyes of the law... I cant see them bothering to seperate the two, it would simply be vandalism Anything with a can is going to get you in more trouble than a wheate paste, due to the permanence of it imo.
It seems that in some UK citys graff is tolerated in certain spaces/walls, wether or not they are all legal spots I would have no clue
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alexnh123
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October 2007
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how illegal is street art and what are the laws?, by alexnh123 on Oct 18, 2010 17:24:15 GMT 1, yeah but they have to adhere to classifications of law. I mean; Shepard Fairey must be happy to show his face for a reason? i think the walls you refer to would have to be privately owned and sanctioned, or legal walls to avoid the interest of the law every time they are painted. Not sure though.
yeah but they have to adhere to classifications of law. I mean; Shepard Fairey must be happy to show his face for a reason? i think the walls you refer to would have to be privately owned and sanctioned, or legal walls to avoid the interest of the law every time they are painted. Not sure though.
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how illegal is street art and what are the laws?, by walshy on Oct 18, 2010 17:30:40 GMT 1, There were a few times on exit where you see artists being pulled by the police... Invader took theres down, obey ran and so did plenty of others.
I know the BTP make files on people in London, then charge you with all offences... so it seems they dont even need to catch you red handed. But with that ie trains etc you are trespassing on private property, so maybe that is different
Painting the streets may be different as technically you are not trespassing.... public space starts, where private property finishes
There were a few times on exit where you see artists being pulled by the police... Invader took theres down, obey ran and so did plenty of others.
I know the BTP make files on people in London, then charge you with all offences... so it seems they dont even need to catch you red handed. But with that ie trains etc you are trespassing on private property, so maybe that is different
Painting the streets may be different as technically you are not trespassing.... public space starts, where private property finishes
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alexnh123
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October 2007
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how illegal is street art and what are the laws?, by alexnh123 on Oct 19, 2010 10:06:40 GMT 1, so does that make art in the streets / public places legal?
so does that make art in the streets / public places legal?
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stickitup
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June 2007
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how illegal is street art and what are the laws?, by stickitup on Oct 20, 2010 10:26:48 GMT 1, no, the simple matter for the police to decide is the word permission. The eyes of the law are very black and white. The next thing they look at is the extent of the damage done to a surface or surfaces.
no, the simple matter for the police to decide is the word permission. The eyes of the law are very black and white. The next thing they look at is the extent of the damage done to a surface or surfaces.
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curiousgeorge
Junior Member
Posts • 5,833
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March 2007
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how illegal is street art and what are the laws?, by curiousgeorge on Oct 20, 2010 12:13:03 GMT 1, Kinda a post code lottery, some areas it brings visitors bearing cash money to be spent locally.....
It's illegal period! though those that hit trains get the rough end of stick in terms of punishment
Kinda a post code lottery, some areas it brings visitors bearing cash money to be spent locally.....
It's illegal period! though those that hit trains get the rough end of stick in terms of punishment
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how illegal is street art and what are the laws?, by Daniel Silk on Oct 20, 2010 12:17:09 GMT 1, I think a good chunk of the stuff we see is done with permission, or at least in locations known to be friendly to Street Art.
I think a good chunk of the stuff we see is done with permission, or at least in locations known to be friendly to Street Art.
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stickitup
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June 2007
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how illegal is street art and what are the laws?, by stickitup on Oct 20, 2010 12:21:50 GMT 1, is some of the art lost when its done legally, or more importantly is more of the art gained when its done illegally?
is some of the art lost when its done legally, or more importantly is more of the art gained when its done illegally?
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curiousgeorge
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March 2007
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how illegal is street art and what are the laws?, by curiousgeorge on Oct 20, 2010 12:28:01 GMT 1, yes and yes i think stickup, how much of the differences are between artists/graffers and fans is anyones guess
yes and yes i think stickup, how much of the differences are between artists/graffers and fans is anyones guess
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MGK1
Junior Member
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May 2010
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how illegal is street art and what are the laws?, by MGK1 on Oct 20, 2010 13:11:44 GMT 1, trespassing isn't actually a crime, im not sure if a 'no trespassing sign' makes any difference. Its criminal damage thats the illegal part but then there's the debate as to wether anything is being 'damaged'
trespassing isn't actually a crime, im not sure if a 'no trespassing sign' makes any difference. Its criminal damage thats the illegal part but then there's the debate as to wether anything is being 'damaged'
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alexnh123
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October 2007
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how illegal is street art and what are the laws?, by alexnh123 on Oct 20, 2010 17:36:16 GMT 1, so i'm sure most would agree that painting trains is the holy grail of this sort of work, but most train writers probably have little or no commercial ambition - they're on another trip altogether, and to most artists and collectors they're probably off the radar seeing as they are not playing their part in the artworld game. But for the more street based artists that we're probably all more familiar with; i'm curious to know what they're up against when they hit the streets. Silky i agree most probably are doing legal works now; particularly the more established of them like eine, roa etc, too much to lose now i reckon, but just what might they risk losing if they did go and put their work up illegally? And something that i'm really curious about is why is obey not in jail when he has publically shown his face, is publically open about his identity, and yet has more work up than most? are all his works legal?? or do billposters and stickers not count as 'graffiti' vandalism?
so i'm sure most would agree that painting trains is the holy grail of this sort of work, but most train writers probably have little or no commercial ambition - they're on another trip altogether, and to most artists and collectors they're probably off the radar seeing as they are not playing their part in the artworld game. But for the more street based artists that we're probably all more familiar with; i'm curious to know what they're up against when they hit the streets. Silky i agree most probably are doing legal works now; particularly the more established of them like eine, roa etc, too much to lose now i reckon, but just what might they risk losing if they did go and put their work up illegally? And something that i'm really curious about is why is obey not in jail when he has publically shown his face, is publically open about his identity, and yet has more work up than most? are all his works legal?? or do billposters and stickers not count as 'graffiti' vandalism?
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how illegal is street art and what are the laws?, by Daniel Silk on Dec 9, 2010 15:50:16 GMT 1, "Street art: Destructive or substantial?"
"Street art: Destructive or substantial?"
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alexnh123
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October 2007
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how illegal is street art and what are the laws?, by alexnh123 on Dec 9, 2010 15:56:05 GMT 1, Poor girl. Serving 18months she is now
Poor girl. Serving 18months she is now
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kjzimm
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June 2009
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how illegal is street art and what are the laws?, by kjzimm on Dec 9, 2010 21:39:20 GMT 1, In the States, the laws vary by locale. In Dallas, Texas, graffiti is considered gang related and carries felony charges. That's pretty harsh!
In the States, the laws vary by locale. In Dallas, Texas, graffiti is considered gang related and carries felony charges. That's pretty harsh!
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how illegal is street art and what are the laws?, by Daniel Silk on Dec 20, 2010 13:11:40 GMT 1, Art Crimes
Art Crimes
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alexnh123
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October 2007
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how illegal is street art and what are the laws?, by alexnh123 on Dec 20, 2010 13:38:28 GMT 1, what about laws in the UK?
what about laws in the UK?
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waveydavey
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July 2007
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how illegal is street art and what are the laws?, by waveydavey on Dec 20, 2010 17:38:09 GMT 1, what about laws in the UK?
Its illegal in the UK. You will get charged with criminal damage if you don't own what your spraying on unless you get permission (from the freeholder). Even if its only temporary.
There are areas where you are less likely to get into trouble but ultimately if the cops want to do you for it you can.
what about laws in the UK? Its illegal in the UK. You will get charged with criminal damage if you don't own what your spraying on unless you get permission (from the freeholder). Even if its only temporary. There are areas where you are less likely to get into trouble but ultimately if the cops want to do you for it you can.
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BlightSociety
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June 2008
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how illegal is street art and what are the laws?, by BlightSociety on Feb 15, 2011 8:23:09 GMT 1, Here is the full rundown on UK law that applies to vandalism/criminal damage. A MUST READ if you are doing street work
www.cutnspray.com/forum/viewtopic.php?f=34&t=3948
In short, graffiti and street art is VERY illegal. If your caught you will be punished to the full extent of the law.
Interestingly though you don’t need to be convicted of criminal damage to get into street art related trouble.
For instance carrying around spray paints is also illegal if they think you intend to use them to commit an offence (this is called “going equipt”).
So say you were taking a can to your mates house to paint a canvas with and you got stopped and searched on your way you can be arrested and have your house, computer and all your other possessions and the possessions of anyone who lives with you searched. If your unlucky enough to have any circumstantial evidence like a sketch book with tags in that makes them think you might have done street work you could find yourself on remand without actually ever committing an offence.
The same goes if you lend a can to a friend who then drops it getting chased off in a train yard and they lift YOUR finger prints off it.
Also, under the new Crime Prevention Injunctions currently being brought in by the torys (that will replace the old ASBO laws) you will now most likely be taken to a civil court instead of a magistrates court for any suspected vandalism/criminal damage offences. This means that the behaviour only needs to be proved 'on the balance of probabilities' (a lower level of proof of an offence) rather than 'beyond reasonable doubt' (a high level of proof of an offence).
i.e it only has to be likely that you paint graffiti/street art. They don’t have to prove you actually committed a crime.
Police also hassle you if you paint legal or permission walls. Painting in a graffiti/street art style counts as “suspicious activity”. So they can detain you until such time as you can prove you have good reason to be doing what your doing. And wile your detained they can also use all those lovely search powers I mention before. I now know they will need to formally arrest you before they can perform the search.
The police also use undercover officers to “infiltrate” legal urban art events to gather intelligence for future cases, troll the internet for evidence of people posting photos of there streetwork and spend taxpayers money hiring lawyers to fight cases in court to stop legal walls being given the go ahead by local authorities.
Here is the full rundown on UK law that applies to vandalism/criminal damage. A MUST READ if you are doing street work www.cutnspray.com/forum/viewtopic.php?f=34&t=3948In short, graffiti and street art is VERY illegal. If your caught you will be punished to the full extent of the law. Interestingly though you don’t need to be convicted of criminal damage to get into street art related trouble. For instance carrying around spray paints is also illegal if they think you intend to use them to commit an offence (this is called “going equipt”). So say you were taking a can to your mates house to paint a canvas with and you got stopped and searched on your way you can be arrested and have your house, computer and all your other possessions and the possessions of anyone who lives with you searched. If your unlucky enough to have any circumstantial evidence like a sketch book with tags in that makes them think you might have done street work you could find yourself on remand without actually ever committing an offence. The same goes if you lend a can to a friend who then drops it getting chased off in a train yard and they lift YOUR finger prints off it. Also, under the new Crime Prevention Injunctions currently being brought in by the torys (that will replace the old ASBO laws) you will now most likely be taken to a civil court instead of a magistrates court for any suspected vandalism/criminal damage offences. This means that the behaviour only needs to be proved 'on the balance of probabilities' (a lower level of proof of an offence) rather than 'beyond reasonable doubt' (a high level of proof of an offence). i.e it only has to be likely that you paint graffiti/street art. They don’t have to prove you actually committed a crime. Police also hassle you if you paint legal or permission walls. Painting in a graffiti/street art style counts as “suspicious activity”. So they can detain you until such time as you can prove you have good reason to be doing what your doing. And wile your detained they can also use all those lovely search powers I mention before. I now know they will need to formally arrest you before they can perform the search.The police also use undercover officers to “infiltrate” legal urban art events to gather intelligence for future cases, troll the internet for evidence of people posting photos of there streetwork and spend taxpayers money hiring lawyers to fight cases in court to stop legal walls being given the go ahead by local authorities.
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Baby Dave
Junior Member
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February 2011
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how illegal is street art and what are the laws?, by Baby Dave on Feb 15, 2011 10:25:17 GMT 1, Blightsociety, you raise some interesting points!!!
Graffiti IS illegal - classed as criminal damage. The whole going equipped thing is slightly different to how youve explained it i think.... If you were to get stopped and searched whilst carrying a can the police will still need reasonable grounds to arrest you. They cant just arrest you for carrying a can....there will need to be some other cause for suspicion. The whole thing about them being able to to search your house, computer and other peoples belongings in your house is, i believe, a bit misinterpreted. The police will need grounds and authority to do this....they will also need to see if it is necessary to the investigation to do so. Also, they cant search your house before arrest etc, so if you are being detained for whatever, they cant 'use all their lovely search powers'....they could poss search you and the immediate area for evidence but im sure thats about it...
Fingerprinting a can? The police wouldnt do this due to cost.
The whole Crime Prevention Injunctions are new to me!! They sound very scary!!!! Surely they cant prosecute you on the balance of probabilities?!?! Can they?.....
I think the moral is if you want to street spray you need permission of the owner of the property (id say in writing somewhere)....
Blightsociety, you raise some interesting points!!! Graffiti IS illegal - classed as criminal damage. The whole going equipped thing is slightly different to how youve explained it i think.... If you were to get stopped and searched whilst carrying a can the police will still need reasonable grounds to arrest you. They cant just arrest you for carrying a can....there will need to be some other cause for suspicion. The whole thing about them being able to to search your house, computer and other peoples belongings in your house is, i believe, a bit misinterpreted. The police will need grounds and authority to do this....they will also need to see if it is necessary to the investigation to do so. Also, they cant search your house before arrest etc, so if you are being detained for whatever, they cant 'use all their lovely search powers'....they could poss search you and the immediate area for evidence but im sure thats about it... Fingerprinting a can? The police wouldnt do this due to cost. The whole Crime Prevention Injunctions are new to me!! They sound very scary!!!! Surely they cant prosecute you on the balance of probabilities?!?! Can they?..... I think the moral is if you want to street spray you need permission of the owner of the property (id say in writing somewhere)....
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BlightSociety
Art Gallery
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June 2008
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how illegal is street art and what are the laws?, by BlightSociety on Feb 15, 2011 10:52:20 GMT 1, The whole thing about them being able to search your house, computer and other peoples belongings in your house is, I believe, a bit misinterpreted. The police will need grounds and authority to do this....they will also need to see if it is necessary to the investigation to do so. Also, they cant search your house before arrest etc, so if you are being detained for whatever, they cant 'use all their lovely search powers'....they could pos search you and the immediate area for evidence but I’m sure that’s about it...
Did some more research on this and your right about them needing to arrest you in order to obtain a warrant.
But Property searches are standard for building cases for criminal damage. If you get arrested on suspicion of criminal damage you’d be very lucky not to get your house and computer turned over.
Maybe if some aspect of your case wasn’t going to stand up and they had no intention of ever bringing it to court you might get off with a warning but that’s not been my experience.
Fingerprinting a can? The police wouldn’t do this due to cost.
Standard for BTP to fingerprint any evidence they get that might lead them to arrest someone painting steel in the UK. A bobby on the beat might not bother unless it was vital to a conviction but in a yard it’s a certainty. Hence not leaving printson cans you lend out. Never know where they'll end up.
The whole Crime Prevention Injunctions are new to me!! They sound very scary!!!! Surely they cant prosecute you on the balance of probabilities?!?! Can they?.....
There performing a public consultation on the new laws now. You can read all about them here.
consultations.homeoffice.gov.uk/index.php?survey=4
There is also a survey at the bottom if you want to give them your thoughts on the new laws.
The whole thing about them being able to search your house, computer and other peoples belongings in your house is, I believe, a bit misinterpreted. The police will need grounds and authority to do this....they will also need to see if it is necessary to the investigation to do so. Also, they cant search your house before arrest etc, so if you are being detained for whatever, they cant 'use all their lovely search powers'....they could pos search you and the immediate area for evidence but I’m sure that’s about it... Did some more research on this and your right about them needing to arrest you in order to obtain a warrant. But Property searches are standard for building cases for criminal damage. If you get arrested on suspicion of criminal damage you’d be very lucky not to get your house and computer turned over. Maybe if some aspect of your case wasn’t going to stand up and they had no intention of ever bringing it to court you might get off with a warning but that’s not been my experience. Fingerprinting a can? The police wouldn’t do this due to cost. Standard for BTP to fingerprint any evidence they get that might lead them to arrest someone painting steel in the UK. A bobby on the beat might not bother unless it was vital to a conviction but in a yard it’s a certainty. Hence not leaving printson cans you lend out. Never know where they'll end up. The whole Crime Prevention Injunctions are new to me!! They sound very scary!!!! Surely they cant prosecute you on the balance of probabilities?!?! Can they?..... There performing a public consultation on the new laws now. You can read all about them here. consultations.homeoffice.gov.uk/index.php?survey=4There is also a survey at the bottom if you want to give them your thoughts on the new laws.
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Baby Dave
Junior Member
Posts • 1,392
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February 2011
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how illegal is street art and what are the laws?, by Baby Dave on Feb 15, 2011 10:57:29 GMT 1,
The whole Crime Prevention Injunctions are new to me!! They sound very scary!!!! Surely they cant prosecute you on the balance of probabilities?!?! Can they?.....
There performing a public consultation on the new laws now. You can read all about them here.
consultations.homeoffice.gov.uk/index.php?survey=4
There is also a survey at the bottom if you want to give them your thoughts on the new laws. [/quote]
Cant wait to read this one!!! Interesting stuff! Cheers for the reply!!!
The whole Crime Prevention Injunctions are new to me!! They sound very scary!!!! Surely they cant prosecute you on the balance of probabilities?!?! Can they?..... There performing a public consultation on the new laws now. You can read all about them here. consultations.homeoffice.gov.uk/index.php?survey=4There is also a survey at the bottom if you want to give them your thoughts on the new laws. [/quote] Cant wait to read this one!!! Interesting stuff! Cheers for the reply!!!
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how illegal is street art and what are the laws?, by Daniel Silk on Feb 15, 2011 13:40:22 GMT 1, Graffiti Laws
Graffiti Laws
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how illegal is street art and what are the laws?, by Daniel Silk on Feb 15, 2011 13:43:10 GMT 1, Getting Caught - Graffiti and the Law
Getting Caught - Graffiti and the Law
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how illegal is street art and what are the laws?, by Daniel Silk on Feb 15, 2011 13:48:59 GMT 1, IKS Crew Caught
IKS Crew Caught
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BlightSociety
Art Gallery
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June 2008
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how illegal is street art and what are the laws?, by BlightSociety on Feb 16, 2011 9:47:40 GMT 1, Masks and walkie talkies? That’s a pretty ninja setup.
This video is harsh.
Masks and walkie talkies? That’s a pretty ninja setup.
This video is harsh.
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how illegal is street art and what are the laws?, by Daniel Silk on Mar 9, 2011 17:55:47 GMT 1, T. J. Dolan Graffiti
T. J. Dolan Graffiti
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how illegal is street art and what are the laws?, by alistairkhalil on Mar 9, 2011 19:42:24 GMT 1, GREAT THREAD!!
GREAT THREAD!!
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how illegal is street art and what are the laws?, by Brushstrokes 75 on Mar 10, 2011 10:44:47 GMT 1, For god's sake, 8 years for some graffiti that's pretty harsch more especially for an 18 years old kid. How to f***ck up his life.....
For god's sake, 8 years for some graffiti that's pretty harsch more especially for an 18 years old kid. How to f***ck up his life.....
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BlightSociety
Art Gallery
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June 2008
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how illegal is street art and what are the laws?, by BlightSociety on Mar 12, 2011 1:00:15 GMT 1, Just Saw this on TLV
Just Saw this on TLV
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