Legality

Wheatpasting is a form of graffiti, and as such, is illegal in many places. It is important to check the laws in your area before wheatpasting. In NYC, wheatpasting is legal, but you must get permission from the property owner.

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Here's what I've gathered on the matter:

• It is against the law to put up posters without permission from the property owner.
• Construction sites, which all require fencing around them, often lease the plywood fence space for posters. If you see posters on construction site fences, there is a good chance that they are there with permission from the property owner. So putting up your own posters on these sites should draw less attention to you.
• Public property violations typically include posting on utility poles and traffic signs, bus stops and transit shelters, public buildings, sidewalks, and park structures. These violations usually fall under vandalism laws, criminal mischief charges, or graffiti ordinances.
• In NYC in particular, fines for first-time offenses can start at $50--$75, but additional offenses will garner higher fines and possible criminal charges.

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Here is Claude AI's take on the matter:

Most likely scenarios
• Administrative violation: You'd most likely receive a summons (similar to a ticket) under NYC's anti-graffiti laws or posting laws. Fines typically range from $75-$300 for first offenses.
• Criminal mischief charges: If posting on private property or causing property damage, you could potentially face a misdemeanor charge, though this is less common for poster cases.

What typically happens if stopped
• Police would likely issue you a summons requiring a court appearance.
• You might be detained briefly for identification/processing.
• In rare cases involving repeated offenses or significant property damage, arrest is possible.
• Any tools (paste, brushes, posters) could be confiscated.

Additional factors
• Posting on certain properties (government buildings, landmarks) can carry stiffer penalties
• Repeat offenses escalate consequences
• If you're causing actual damage to surfaces, penalties increase
• Some areas have stepped up enforcement compared to others

What determines which penalty you get
• The responding officer has discretion. Most wheat-pasting incidents result in administrative summonses rather than criminal charges, especially for first-time offenders doing non-destructive postering. However, posting on private property (like construction fencing) increases the risk of it being treated as criminal mischief rather than just an administrative posting violation.
• The practical difference is significant - an administrative fine is an annoyance and an expense, but a criminal record can affect employment, housing, professional licenses, etc.

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Definitions:

Summons/Civil Violation
• If you receive a civil/administrative summons (like under NYC's anti-posting or anti-graffiti administrative code), it's treated similarly to a traffic ticket
• This would not go on your criminal record
• You'd pay a fine or contest it in administrative court (like Environmental Control Board)
• It's a violation, not a crime

Criminal Charge
• If charged with criminal mischief (even as a misdemeanor), this would go on your criminal record
• This is more likely if there's property damage, you're on certain protected properties, or it's a repeat offense
• Would involve criminal court, not just administrative proceedings
• Could involve a criminal record even if you just pay the fine or get a conditional discharge

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In Short: Stay Safe Out There! And Check out my Tips and Safety section.