"grime" and punishment

Issues revolving around graffiti as an art form are tackled on a daily basis and discussed by artists and non-artists alike as either a form of art, or a form of vandalism. Definitions of graffiti are not only redefined each day, with each visual seen, painted, painted over, etc. but also stem from the perspectives we hold as individuals. The wealthy business owner might not carry the same views on graffiti as the stay at home mom. One might even be surprised at some of the views stereotyped individuals carry outside of their defined roles. So, if we have difficulty defining it, how do we punish it?

I recently read an article on a man from Port Richmond, N.Y. who was sentenced with 6 months in jail, 5 years on probation, $2, 900 in fees and 100 hours of community service for etching graffiti marks into 10 different bus shelters along Capodanno blvd. The article did not provide information on how he was caught or how police knew of his past history with graffiti, but it did provide two interesting quotes taken from the mouth of District Attorney Daniel Donovan:

“Let there be no confusion: Graffiti vandalism is a
quality-of-life crime committed against our entire community and will be
prosecuted accordingly,” said District Attorney Daniel Donovan.

“For any aspiring graffiti vandals seeking fame by vandalizing property, let me
assure you there is no glory in a felony conviction and taking residence on
Rikers Island.”

It is obvious Donovan’s opinion on the issue at hand.

I was interested, following this article, in understanding the type of punishment received by Edward M. Chimera (the artist/defacer discussed above). Is it fair for him to have been sentenced to six months just because he scratched his name into a few bus stations that were probably run down anyways? Or is the punishment necessary in order to control violent outbursts of gang related graffiti signaled by other artists that it may be ok.

In trying to come to answer these questions, I looked up common causes for 6 month sentences, and according to google, other people in the 6 month sentence category, engage in battery and assault, have sex with picnic tables, lie about taking performance-enhancing drugs, and become involved in drag racing that ends in death.

How are we able to place all of these unique incidents into a time frame, and is graffiti equivalent to battery?