graffiti: art... or not?

I think that some graffiti has the potential to be artist, while other pieces just looks like a messy scribble scrawled on some urban city alley.

Example 1: NOT art. Any 5 year old can draw bubble letters on a wall.


Example two: Art. I actually like this a lot.


Now, regardless of how beautiful the art created may be... by law, it's still vandalism. I think graffiti wouldn't be graffiti if it was in a nice, clean museum, but it's still wrong somehow to deface property. I'm torn.