Historically, graffiti has always been considered an act of vandalism. As an unsanctioned use of public or private property, it can be an eyesore or defacement that is expensive to remove. Its general use on subways, bridges, and buildings is often little more than gang tagging or meaningless scribbles.
However, some urban authorities welcome graffiti as an art form to replace otherwise drab and depressing city walls. As a form of decoration, where artists can share their feelings and talents, it can be interesting and uplifting. But unless an area is designated for graffiti, by someone who has the power to do so, it is vandalism.
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It is an art because it is a unique way to show your talents and express yourself.
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If you can consider typography an art form then graffiti is an art form.
I do not know of a jurisdiction in the United States that does not consider graffiti to be vandalism, which does not mean there isn't one, just very few if there are some. Vandalism usually results in probation, fines, fees, and restitution. Although, extreme cases of vandalism resulting in extensive property damage could potentially bring a few months of jail time. Again, this depends on the jurisdiction.
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