ohio vandalism criminal-damage
Is chalk a form of graffiti in Ohio?
<p>Just curious because children keep drawing chalk in my neighbor’s and my driveway. I am also curious, do we have the right to regulate street laws on the street we live on?</p>

<p>With respect of Graffiti, this generally fall under vandalism, and with respect of Ohio law, chalk is unlikely to qualify under  <a href="https://codes.findlaw.com/oh/title-xxix-crimes-procedure/oh-rev-code-sect-2909-05.html" rel="nofollow noreferrer">Ohio Revised Code Title XXIX. Crimes Procedure</a> as there is unlikely to be any lasting damage.</p>

<p>Depending on what is being written, you might be able to do something about it under <a href="http://codes.ohio.gov/orc/2917.11" rel="nofollow noreferrer">disorderly conduct</a> laws.</p>

<p>If your concern is just that they're marking up your driveway without your permission, it probably doesn't matter whether it's &quot;graffiti&quot; as much as it matters whether it's illegal.</p>
<p>I can't find a record of any prosecution for the use of sidewalk chalk, but the behavior sounds like it fits within the description of criminal mischief (<a href="http://codes.ohio.gov/orc/2909.07v1" rel="nofollow noreferrer">R.C. 2909.07</a>):</p>
<blockquote>
<p>No person shall ... Without privilege to do so, knowingly ... deface ... The property of another....</p>
<p>Except as otherwise provided in this division, criminal mischief ... is a misdemeanor of the third degree.</p>
</blockquote>
<p>And coming into your driveway (I'm assuming you aren't complaining about chalk that is just on the sidewalk) would probably be <a href="http://codes.ohio.gov/orc/2911.21v1" rel="nofollow noreferrer">criminal trespass</a> if you have notified them that they may not be there.</p>
<p>This all assumes that you (or you and your neighbor) are the only ones with the rights to this driveway. If we're dealing with a driveway into a building with six units and children from other units are drawing on it, you're probably not going to get anywhere trying to stop them.</p>
