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>>73150 Disclaimer: IANAL
Yes. Even if it was illegal to put it there, the artwork does still technically fall under copyright law, so taking a picture where the picture is pretty much just of the graffiti is intellectual property theft. Of course, it's unlikely that someone would come after you for it, since they'd probably get a hefty fine for the initial act of vandalism.
Note also that there's the fair use provision, if the graffiti is just one feature of the artwork and not the central focus. I.e., the picture of the steps with the graffiti isn't copyright infringement, but most of the other ones in this thread are.
Also, fun fact, same thing applies to statues. A photo of a statue where it's just a flat-out picture with no artistic merit of its own, besides being dull as toast, is in violation of the sculptor's copyright.
tl;dr: This shit sucks.
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