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Graffiti is illegal when it is created without permission from the owner of the surface upon which the graffiti is placed.
One of the main reasons why graffiti is illegal is that it is considered vandalism. The term graffiti seems to go hand in hand with vandalism. The dictionary definition for vandalism is ?wilful or malicious destruction or defacement of public or private property?.
All states, as well as many municipalities, have laws that make it a crime to spray graffiti on public property or private property that you do not own or have permission to use. Graffiti crimes are very common offenses, especially in larger communities.
This factor plays a key role in differentiating between vandalism and art. Graffiti is not a crime in and of itself unless it is gang related. Graffiti is only vandalism if it is done on the property of another person without their permission.
If there is no consent, then it's vandalism but still art.? Graffiti is art regardless of whether it's on someone else's property, which they may not want there. However, graffiti can also be used to decorate streets and empty walls with the permission of the owner(s).