england-and-wales criminal-damage
Is it illegal to deface graffiti in England?
<p>From this site - <a href="http://www.environmentlaw.org.uk/rte.asp?id=49" rel="nofollow noreferrer">http://www.environmentlaw.org.uk/rte.asp?id=49</a>:</p>
<blockquote>
<p>In England and Wales, graffiti is considered an act of criminal damage
under the Criminal Damage Act 1971 and offenders can be punished with
an unlimited fine.</p>
</blockquote>
<p>Is it illegal to deface graffiti? For example, spray painting over existing graffiti on a public wall.</p>
<p>By defacing I mean black-boxing, drawing a line through, painting over with the colour of the wall. So not tagging, but just spoiling or covering.</p>

<p>It depends...</p>
<p>The statutory defence relevant to the OP may be found at s.5(2)(a) of the Criminal Damage Act 1971
<a href="https://www.legislation.gov.uk/ukpga/1971/48/section/5?timeline=false" rel="nofollow noreferrer">https://www.legislation.gov.uk/ukpga/1971/48/section/5?timeline=false</a></p>
<blockquote>
<p>if at the time of the act or acts alleged to constitute the offence he
believed that the person or persons whom he believed to be entitled to
consent to the destruction of or damage to the property in question
had so consented, or would have so consented to it if he or they had
known of the destruction or damage and its circumstances...</p>
</blockquote>
<p>So the burden of proof is on the over-painter to establish that they believed they had consent to commit further criminal damage (by over-painting black boxes etc).</p>
