Graffiti persists like a weed because there is no certainty of punishment. Punishment is rare because the criminal law requires an eye witness to convict. So, catching the culprit is a game of Hide-n-Seek.

The solution is simple: decriminalize the act, thereby eliminating the need for eye-witness testimony.

To solve the graffiti problem, the legislature must allow SOME graffiti acts to be treated not as a crime but as a civil case, much like a parking ticket. In other words, begin with equal justice for graffiti vandals.

Next, a police investigator who is not an eye-witness may then offer credible testimony to identify in an informal hearing who is responsible for the graffiti. If a judge accepts the evidence, accountability for bad behavior follows.

Like a parking ticket, proven guilt brings a fixed fine. Restorative Justice is, however, an option. Certainty of punishment is its own deterrent.