Street Law - Graffiti, Weapons & Shoplifting

It is an offence to mark graffiti on any property that can be seen by the public, unless the owner has given you permission.

This includes spray paint, Texta’s, scratching, engraving, stencils, and any mark that cannot be removed easily with a dry cloth.

Graffiti offences carry serious penalties including large fines and imprisonment. It is a more serious offence if the graffiti would offend a reasonable person.

Possessing graffiti tools:

You do not have to be caught in the act of making graffiti to commit an offence. It is also an offence to carry graffiti tools — including spray paint, marker pens, or gouging tools — in certain places without a legitimate reason, such as needing them for work.

Those places are:

• On or near public transport property — buses, trains, bus shelters, stations
• Near or able to be seen from public transport property
• On private property without the owner’s permission (trespassing)

Under 18s cannot legally buy spray paint. It is an offence to sell spray paint to anyone under 18.

Police search powers:

• Police can search you, your bag, and your car if they reasonably suspect you are carrying graffiti tools.
• This search power applies to anyone they reasonably suspect is 14 or older.
• Police do not need a search warrant to do this.
• Being near an area with recent or visible graffiti can be enough to justify a search.

If police find graffiti tools they can confiscate them.

Tools may be returned if you are not taken to court or are found not guilty.

Victoria has strict weapons laws. Many people – including young people – are charged with weapon offences after carrying something they did not realise was illegal, or for reasons they thought were legitimate.

Self-defence is not a lawful excuse in Victoria.

You cannot legally carry a weapon — including a knife, capsicum spray, or any other item — to protect yourself. This is one of the most commonly misunderstood rules about weapons law.

Three categories of weapons:

1. Prohibited weapons cannot be possessed at all without a special exemption from the Chief Commissioner of Police. These include flick knives, butterfly knives, tasers, knuckledusters, slingshots, throwing stars, swords, daggers, capsicum spray, and imitation firearms.

• Maximum penalty: 2 years imprisonment
• Prohibited weapons cannot be possessed even at home without an exemption

2. Controlled weapons can be possessed and carried only if you have a lawful excuse. A knife (other than a prohibited knife) is a controlled weapon. Other controlled weapons include batons and cattle prods.

• Lawful excuses include: work, sport, recreation, or a weapons collection or display
• Self-defence is not a lawful excuse
• Maximum penalty: 1 year imprisonment

3. Dangerous articles are any ordinary item carried with the intention of using it as a weapon. A baseball bat, a rock, or even a pen can become a dangerous article if you intend to use it to harm someone.

• Maximum penalty: 6 months imprisonment

Police search powers for weapons:

• Police can search you, your bag, and your car without a warrant if they reasonably suspect you are illegally carrying a .
• If you resist a lawful search, you may be charged with a further offence.

Guns:

• You cannot own or buy a firearm until you are 18.
• All firearms must be registered, and the owner must have a licence.
• This includes replica (fake) guns, imitation firearms are prohibited weapons.
• If you are aged 12 to 17, you can get a licence to use a gun only for learning or sport, with strict conditions.

Shoplifting is theft under Victorian law. Theft is intentionally taking something that belongs to someone else that you do not intend to give back. It does not matter how small or inexpensive the item is.

Theft is a criminal offence under the Crimes Act 1958 (Vic). The maximum penalty is 10 years imprisonment — although this is reserved for serious and repeated offending. For minor first-time shoplifting, outcomes are much less severe.

What can happen if you are caught:

• Warning or caution: for a very minor first offence, police may warn you without charging you.
• Criminal charge: if charged, you will receive a summons to appear at the Magistrates’ Court.
• Diversion: for first-time, low-value offences, you may be eligible for the diversion program. If you complete the diversion plan — which may include an apology, counselling, or a donation to charity — the charge is resolved without a conviction and without a criminal record.
• Criminal record: a theft conviction on your record can affect future job opportunities, particularly in retail, finance, and any role involving trust.

Important things to know:

• You do not have to leave the store for a shoplifting charge to be complete — in some cases being caught concealing goods is enough.
• A store can ban you from the premises regardless of whether criminal charges are laid.

Get legal advice early. The earlier you speak to a lawyer, the more options you will have – including the possibility of diversion or having the charge withdrawn.