Sale of aerosol paint to persons aged under 16
Sale of aerosol paint to persons aged under 16

The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:

  • Sale of aerosol paint to persons aged under 16
  • Offence of the sale of aerosol paint to persons aged under 16
  • Defences to offence under ASBA 2003, s 54
  • Application/jurisdiction
  • Restrictions on proceedings
  • Duty to enforce/powers of enforcement officers
  • Sentencing for offence under ASBA 2003, s 54
  • What can be done to minimise the risk of underage sales

Offence of the sale of aerosol paint to persons aged under 16

A person commits an offence if he sells an aerosol paint container to a person under the age of 16. An aerosol paint container means a device which:

  1. contains paint stored under pressure, and

  2. is designed to permit the release of the paint as a spray

The objective of the offence is to reduce the incidence of criminal damage caused by acts of grafitti. See Criminal damage.

Defences to offence under ASBA 2003, s 54

It is a defence for a person charged with an offence under s 54(4) of the Anti-social Behaviour Act 2003 (ASBA 2003) in respect of a sale effected by another person to prove:

  1. that he (the defendant) took all reasonable steps to determine the buyer's age, and

  2. that the defendant believed that the buyer was not under the age of 16

It is also a defence for a person charged with an offence under this section in respect of a sale effected by another person to prove that he (the defendant) took all reasonable steps to avoid the commission of an offence unde