California Vandalism Law

Penal Code 594 PC

Stated in Penal Code 594 PC, California vandalism and graffiti law prohibits "defacing, damaging, or destroying someone else's property."¹

Although the term "vandalism" generally conjures up images of neighborhood kids smashing peoples' mailboxes or "keying" cars, a vandalism conviction can result in serious penalties that include prison and large fines.

But don't despair, we're here to help. As former prosecutors and cops, we know how California vandalism and graffiti cases are prosecuted and...more importantly...successfully defended. Our insider knowledge equips us with the skills necessary to present the most comprehensive defense possible.

Below, our California criminal defense attorneys² address the following:

(Click on a title to proceed directly to that section):

1. The Legal Definition of Vandalism in California

2. Legal Defenses to Penal Code 594 PC

3. Penalties, Punishment, and Sentencing for
    Violating California's Vandalism Law

4. Vandalism and its Related Offenses

If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.

You may also find helpful information in our related articles on Penal Code 602 PC Trespass, Penal Code 459 PC Burglary, Penal Code 451 PC Arson, California Domestic Violence Offenses, California Legal Defenses, and California Expungement Law.

1. The Legal Definition of Vandalism in California

In order to convict you of vandalism under Penal Code 594 PC, the prosecutor must prove the following facts (otherwise known as "elements of the crime"):

1. that you "defaced with graffiti or other inscribed material", damaged, or destroyed another person's property,



2. that you did so maliciously, and



3. that the amount of the defacement, damage, or destruction was either (a) less than $400 in a misdemeanor prosecution, or (b) $400 or more in a felony prosecution.³

Let's take a closer look at some of these terms to gain a better understanding of their legal definitions.

Defaced with graffiti or other inscribed material

"Graffiti or other inscribed material" refers to "any unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn or painted on real or personal property."⁴

"Real" property includes land and anything attached to it (a building, a home, etc.). "Personal" property is anything else (the furniture inside your house, your car, etc.)

There is no requirement that the "defacement with graffiti or other inscribed material" be permanent.⁵

Example: Mike uses a marker to write his initials on the glass window of the projection booth at a movie theater. Even though the initials may be easily removed by cleaning the glass, he has still written on someone else's property. Given these facts, Mike is guilty of defacing property with graffiti or other inscribed materials in violation of Penal Code 594, California's vandalism law.⁶

Another person's property

Although this phrase may seem obvious, there are actually a couple of issues that warrant discussion.

First, if the alleged vandalism appears on "public" property (whether real or personal), the judge/jury is allowed to presume that you neither owned the property nor had permission to deface, damage, or destroy it.⁷

Second, PC 594 also applies to property that you own jointly with another person. This means that a husband or wife can be convicted of vandalizing his/her own property if the defaced, damaged, or destroyed property belongs to both of them.⁸

Because of this, vandalism charges are closely connected to California domestic violence laws, since property is frequently damaged during domestic disputes.

Example: During an argument with her husband Tom, Sue throws one of their vases at Tom, injuring him and shattering the vase. Given these facts, prosecutors could charge Sue with California Penal Code 273.5 PC spousal battery and 594 PC vandalism.

Maliciously

If you act "maliciously" it means that you (1) wish to annoy or injure another person, or (2) intentionally commit a wrongful act.⁹ If you don't maliciously deface, damage, or destroy another person's property...but only accidentally do so...you aren't guilty of vandalism.

The amount of damage

The principles that regulate the penalties for California theft crimes are the same ones that govern vandalism's penalties. Both types of cases are based on the value of the damage that you cause.

If the cost to repair or replace the defaced, damaged, or destroyed item is less than $400, prosecutors will charge you with misdemeanor vandalism. If the cost is $400 or more, prosecutors have the option of charging you with either a felony or misdemeanor.¹⁰

If you are accused of one or more acts of misdemeanor vandalism that the prosecution can prove were part of the "same intention, impulse and plan", each act can be added together to charge you with a felony if the aggregate amount totals $400 or more.¹¹

Example: While attacking his enemy Ray, Arthur smashes Ray's windshield, which causes $150 worth of damage. During the same attack, Arthur also knocks Ray's cell phone out of his hand, causing Ray to drop it. The cell phone, which cost $350, breaks when it hits the ground.

Given these facts, prosecutors could charge Arthur with felony vandalism instead of two acts of misdemeanor vandalism.¹²

But keep in mind that just because the prosecutor charges you with felony vandalism doesn't mean that you will be convicted of felony vandalism. If, for example, the jury in a felony vandalism trial finds you guilty, but is not convinced that the damage exceeds $400, they could convict of a misdemeanor at most.

2. Legal Defenses to Penal Code 594 PC

There are a variety of legal defenses to Penal Code 594 charges that a good California criminal defense lawyer can present on your behalf. The following are some of the most common:

Accident

As Orange County criminal defense attorney Zachary McCready explains ¹³, "If you don't maliciously deface, damage, or destroy another's property...but only accidentally do so...you don't violate California's vandalism law. Period." This means that if you unintentionally damage or destroy property, "accident" serves as a valid legal defense.¹⁴

False allegations / wrongful arrest

Because vandalism can frequently occur in connection with California domestic violence law, it is not uncommon for an innocent individual to be the victim of false accusations and a wrongful arrest.

Feelings of jealousy, anger, or revenge can compel people to make false allegations against an innocent individual in an effort to gain control over that person. People commonly destroy property (sometimes even accidentally) and then try to lay the blame on their current or former spouse or current or former partner.

Similarly, someone may falsely accuse another person of vandalism in order to cover-up his/her own criminal culpability. This could be the case if, for example, a group of teenagers are out spraying graffiti. Although the cops didn't see who actually defaced the property, Bill (the culprit) blames it on Joe.

Mistaken identity

And along these same lines, you may be falsely accused of violating California's vandalism law under Penal Code 594 PC based on mistaken identity. This might be the case if, for example,

• you match the description of a person who did vandalize property,



• you were with one or more people who vandalized property, even though you didn't personally violate the law, or



• someone mistakenly believed you were the one who damaged his/her property...and blamed you for doing so...even though you were not involved.

3. Penalties, Punishment, and Sentencing for
    Violating California's Vandalism Law

Vandalism is one of the few crimes that is punishable as an infraction, a misdemeanor, or a felony.

Vandalism as an infraction -- Penal Code Sections 640.5 and 640.6 PC

If you are convicted of

1. defacing property with "graffiti or other inscribed material",



2. the cost of the damage is less than $250, and



3. it is your first vandalism conviction, then

prosecutors may opt to charge you with an infraction under Penal Code 640.5 or 640.6 PC or with a misdemeanor. A second conviction necessarily elevates the offense to a misdemeanor. An infraction subjects you to a maximum $1,000 fine and community service.¹⁵

Misdemeanor vandalism under Penal Code 594 PC

If the value of the damage is less than $400, and you are convicted of straight misdemeanor vandalism under Penal Code 594 PC, you face

• informal (otherwise known as "summary") probation,



• up to one year in a county jail,



• a maximum fine of $1,000 (or up to $5,000 if you have a prior vandalism conviction),



• a California driver's license suspension of up to two years (or, if you don't yet have a driver's license, a one-to-three year delay in your eligibility to obtain a driver's license),



• counseling services, and



• community service, or



• personally cleaning, repairing, or replacing the damaged property, or



• keeping the damaged property or another property in the community "graffiti free" for up to one year (if you are a minor (under 18), the judge may require your parent(s) to help you fulfill this condition).¹⁶

∗Parents: it is important to understand that if your child is convicted under California's vandalism law, you may be required to pay his/her fines if he/she is unable to do so.¹⁷

Felony Vandalism in California

When the damage to the vandalized property is $400 or greater, prosecutors have the discretion to charge you with vandalism as either a misdemeanor or a felony.¹⁸ This type of offense is what's known as a "wobbler". Prosecutors generally base this determination on

1. the circumstances of the case, and



2. your criminal history.

If the amount of the damage is $400 or greater, and you are convicted of misdemeanor vandalism under Penal Code 594 PC, you face

• up to one year in a county jail, and



• a maximum fine of $10,000 (or up to $50,000 if the amount of the damage is $10,000 or more), and



• the same probation conditions listed above.¹⁹

If the amount of the damage is $400 or greater, and you are convicted of felony vandalism under Penal Code 545 PC, you face

• the same potential fines,



• up to one year in county jail OR up to 16 months, or two or three years in the California State Prison, and



• the same probation conditions listed above.²⁰

If you have been previously convicted of vandalism on at least two occasions...and were either incarcerated or granted probation in at least one of the cases...you must serve a jail or prison sentence in the current case.²¹

Vandalism involving caustic chemicals

Vandalizing property with "butyric acid, or any other similar noxious or caustic chemical or substance," is also a wobbler.

A misdemeanor conviction subjects you to up to six months in a county jail. A felony conviction subjects you to 16 months, or two or three years in the state prison. Either conviction subjects you to a maximum $50,000 fine (depending on the amount of damage to the vandalized property) and to the other probation conditions described above.²²

Acts of vandalism that are based on the type of damage rather than the amount of damage

California Penal Code 594 PC is not California's only vandalism law. In fact, there are a few other Penal Code sections that are related to 594 PC. The difference is that these crimes focus on the type of damage rather than the amount of damage. These include

Penal Code 594.3 -- Vandalizing places of worship

If you vandalize a church, temple, or other place of worship, you face a wobbler. A misdemeanor conviction subjects you to

• up to one year in a county jail,



• a maximum $1,000 fine, and



• the other probation conditions listed above.²³

A felony conviction subjects you

• up to one year in county jail OR up to 16 months, or two or three years in the state prison,



• a maximum fine of $10,000, and



• the other probations conditions listed above.²⁴

But if your act of vandalism is categorized as a hate crime (that is, an act committed for the purpose of intimidating or scaring a victim based...in this context...on the victim's religious beliefs), you face an automatic felony sentence.²⁵

This section and Penal Code 594.35 PC both similarly punish acts of vandalism that are committed at a cemetery or mortuary.²⁶

Penal Code Sections 640.7 and 640.8 PC -- Vandalizing on or near a highway or freeway

Penal Code sections 640.7 and 640.8 PC punish acts of vandalism that appear on or near a highway or freeway. A highway is essentially any public road or thoroughfare that isn't a freeway. A conviction under either of these sections is a misdemeanor, punishable by

• a maximum six-month county jail sentence (up to a year for a second offense under 640.7 PC dealing with highways or for a first violation of Penal Code 640.8 PC dealing with freeways),



• a maximum $1,000 fine for vandalism on or near a highway, and a maximum $5,000 fine for vandalism on or near a freeway, and



• counseling or graffiti removal services as described above.²⁷

Expunging your California vandalism conviction

On a final sentencing note, if you are granted probation in a misdemeanor or felony vandalism case, you may expunge your California criminal record once you successfully complete the probationary period. However, the judge can deny you an expungement if you suffer a probation violation or fail to adhere to all the terms and conditions of probation.²⁸

And if you are charged with felony vandalism, the court may be willing to reduce the wobbler from a felony to a misdemeanor.²⁹ The court may also grant an early termination of probation if you comply with all the terms and conditions of probation for the first year or two.³⁰

4. California's Vandalism Law and its
    Related Offenses

There are a variety of offenses that are commonly charged in connection with California's vandalism laws. Some of these include (but are not limited to):

Penal Code 602 PC trespass

Penal Code 602 PC, California's trespass law prohibits entering another person's property without the right to do so.³¹ This means that if you are on another person's property when you allegedly violate California's vandalism law, prosecutors could charge you with both offenses.

Penal Code 459 PC burglary

Penal Code 459 PC, California's burglary law prohibits entering another person's property with the intent of committing a felony or petty theft once inside.³² It therefore follows that if prosecutors believe that you knew you were going to vandalize another person's property...and had that knowledge prior to entering that person's home, business, etc....they will likely charge you with vandalism and burglary.

Penal Code 451 PC arson

Penal Code 451 PC, California's arson law prohibits maliciously setting fire to another person's property.³³ If prosecutors charge you with maliciously setting fire to another person's property, they will likely additionally charge you with maliciously damaging or destroying that same property under California's vandalism law.

Penal Code 186.22 PC, California's criminal street gang enhancement

Penal Code 186.22 PC, California's criminal street gang enhancement adds an additional penalty to any felony (or attempted felony) conviction that is "committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members. "³⁴

Since "tagging" is a common way to promote one's own gang, prosecutors will likely file this gang enhancement in connection with any felony vandalism charges involving graffiti that suggests gang or tagging crew affiliation.

Call us for help...

For more information about California's vandalism laws, or to discuss your case confidentially with one of our attorneys, please don't hesitate to contact us at Shouse Law Group.

Our California criminal law offices are located in and around Los Angeles, Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

Additionally, our Nevada criminal defense attorneys represent clients accused of violating NRS 206.330, Nevada's graffiti law. The penalties for violating Nevada's graffiti law are very similar to the penalties imposed under California Penal Code 594 PC and may include jail/prison, fines, and driver's license restrictions.³⁵

For more information, we invite you to contact our local attorneys at one of our Nevada law offices, located in Reno and Las Vegas.³⁶

To learn about Nevada vandalism laws, go to our page on Nevada vandalism laws.

Legal References:

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¹California Penal Code 594 PC -- Vandalism. ("(a) Every person who maliciously commits any of the following acts with respect to any real or personal property not his or her own, in cases other than those specified by state law, is guilty of vandalism: (1) Defaces with graffiti or other inscribed material. (2) Damages. (3) Destroys.")

²Our California criminal defense attorneys have local Los Angeles law offices in Beverly Hills, Burbank, Glendale, Lancaster, Long Beach, Los Angeles, Pasadena, Pomona, Torrance, Van Nuys, West Covina, and Whittier. We have additional law offices conveniently located throughout the state in Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

³California Jury Instructions – Criminal – CAJLIC 16.320 – Misdemeanor vandalism. ("In order to prove this crime, each of the following elements must be proved:[1] A person [defaced with graffiti or other inscribed material] [,] [damaged] [or] [destroyed] any [real] [or] [personal] property belonging to another person; [and] [2] The person acted maliciously in doing so [; and] [3 The amount of the [defacement] [damage] [destruction] to the property was less than $400.00] [.]")

See also CALJIC In order to prove this crime, each of the following elements must be proved: [1] A person [defaced with graffiti or other inscribed material] [,] [damaged] [or] [destroyed] any [real] [or] [personal] property belonging to another person; [2] The person acted maliciously in doing so; and [3] The amount of the [defacement] [damage] [destruction] to the property was [$400.00] [$10,000.00] or more.")

⁴California Penal Code 594 PC -- Vandalism. ("(e) As used in this section, the term "graffiti or other inscribed material" includes any unauthorized inscription, word, figure, mark, or design, that is written, marked, etched, scratched, drawn, or painted on real or personal property.")

⁵In re Nicholas Y. (2000) 85 Cal.App.4th 941, 944. ("It would be irrational to hold that use of a marker pen on, for example, a painted or stucco surface constitutes vandalism in violation of Penal Code section 594, subdivision (a)(1) [California's vandalism law] while use of a marker pen on glass is not. Each mars the surface with graffiti which must be removed in order to restore the original condition. This pragmatic fact is consistent with the primary meaning of the word deface as defined in the Oxford English Dictionary: "To mar the face, features, or appearance of; to spoil or ruin the figure, form, or beauty of; to disfigure." ^FN1 This definition does not incorporate an element of permanence. Thus, it appears that a marring of the surface is no less a defacement because it is more easily removed.")

⁶These facts are based on those in In re Nicholas Y, above.

⁷California Penal Code 594 -- Vandalism. ("Whenever a person violates this subdivision with respect to real property, vehicles, signs, fixtures, furnishings, or property belonging to any public entity, as defined by Section 811.2 of the Government Code, or the federal government, it shall be a permissive inference that the person neither owned the property nor had the permission of the owner to deface, damage, or destroy the property.")

⁸People v. Wallace (2004) 123 Cal.App.4th 144, 149. ("Instead, on the question before us, we broaden our holding in Kahanic to embrace the emerging rule imposing criminal liability on a spouse for intentionally causing harm to property in which the other spouse has an interest, whether the property is individual or marital, whether the harm occurs outside or inside the marital home.")

⁹California Penal Code 7 -- Words and Phrases. ("4. The words "malice" and "maliciously" import a wish to vex, annoy, or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law.")

¹⁰California Penal Code 594 PC -- Vandalism. ("(b)(1) If the amount of defacement, damage, or destruction is four hundred dollars ($400) or more, vandalism is punishable by imprisonment in the state prison or in a county jail not exceeding one year, or by a fine of not more than ten thousand dollars ($10,000), or if the amount of defacement, damage, or destruction is ten thousand dollars ($10,000) or more, by a fine of not more than fifty thousand dollars ($50,000), or by both that fine and imprisonment. (2)(A) If the amount of defacement, damage, or destruction is less than four hundred dollars ($400), vandalism is punishable by imprisonment in a county jail not exceeding one year, or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment.")

¹¹In re Arthur V. (2008) 166 Cal.App.4th 61, 68. ("The offense of vandalism, like that of theft [under California's theft crimes laws], can be either a felony or misdemeanor depending on the value of property at issue. (See § 487, subd. (a) [defining grand theft as taking of property worth over $400]; [California Penal Code] § 594, subd. (b)(1) [defining felony vandalism as destruction of property worth over $400]; see also Sangha v. La Barbera (2006) 146 Cal.App.4th 79, 87, fn. 6, 52 Cal.Rptr.3d 640 [distinguishing felony from misdemeanor vandalism].) If, as our Supreme Court held in Bailey, supra, 55 Cal.2d 514, 11 Cal.Rptr. 543, 360 P.2d 39, there is properly a legal dividing line between cases where misdemeanor theft offenses can and cannot properly be aggregated to form a felony offense, there can be little dispute that a dividing line that serves the same purpose is appropriate in vandalism cases."...and at 69, "As with theft offenses, multiple instances of misdemeanor vandalism can be aggregated to form a single felony unless "the evidence shows that the offenses are separate and distinct and were not committed pursuant to one intention, one general impulse, and one plan."")

¹²These facts were based on In re Arthur V., above.

¹³Orange County criminal defense attorney Zachary McCready defends clients accused of violating California's vandalism laws throughout Orange County, including Fullerton, Anaheim, Newport Beach, Santa Ana, Irvine and Westminster.

¹⁴California Penal Code 26 PC -- Persons capable of committing crime; exceptions; accident as a valid California legal defense. ("All persons are capable of committing crimes except those belonging to the following classes...Five--Persons who committed the act or made the omission charged through misfortune or by accident, when it appears that there was no evil design, intention, or culpable negligence...")

¹⁵California Penal Code 640.5 -- Graffiti; government facilities or vehicles; penalties; community service; graffiti abatement programs. (a)(1) Any person who defaces with graffiti or other inscribed material the interior or exterior of the facilities or vehicles of a governmental entity, as defined by Section 811.2 of the Government Code, or the interior or exterior of the facilities or vehicles of a public transportation system as defined by Section 99211 of the Public Utilities Code, or the interior or exterior of the facilities of or vehicles operated by entities subsidized by the Department of Transportation or the interior or exterior of any leased or rented facilities or vehicles for which any of the above entities incur costs of less than two hundred fifty dollars ($250) for cleanup, repair, or replacement is guilty of an infraction, punishable by a fine not to exceed one thousand dollars ($1,000) and by a minimum of 48 hours of community service for a total time not to exceed 200 hours over a period not to exceed 180 days, during a time other than his or her hours of school attendance or employment. This subdivision does not preclude application of [Penal Code] Section 594 [California's vandalism law]. (2) In lieu of the community service required pursuant to paragraph (1), the court may, if a jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594, order the defendant, and his or her parents or guardians if the defendant is a minor, to keep a specified property in the community free of graffiti for 90 days. Participation of a parent or guardian is not required under this paragraph if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children. (b)(1) If the person has been convicted previously of an infraction under subdivision (a) or has a prior conviction of Section 594, 594.3, 594.4, 640.6, or 640.7 [California's vandalism laws], the offense is a misdemeanor, punishable by imprisonment in a county jail not to exceed six months, by a fine not to exceed two thousand dollars ($2,000), or by both that imprisonment and fine. As a condition of probation, the court shall order the defendant to perform a minimum of 96 hours of community service not to exceed 400 hours over a period not to exceed 350 days during a time other than his or her hours of school attendance or employment. (2) In lieu of the community service required pursuant to paragraph (1), the court may, if a jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594, order the defendant, and his or her parents or guardians if the defendant is a minor, as a condition of probation, to keep a specified property in the community free of graffiti for 180 days. Participation of a parent or guardian is not required under this paragraph if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children. (c)(1) Every person who, having been convicted previously under this section or Section 594, 594.3, 594.4, 640.6, or 640.7, or any combination of these offenses, on two separate occasions, and having been incarcerated pursuant to a sentence, a conditional sentence, or a grant of probation for at least one of the convictions, is subsequently convicted under this section, shall be punished by imprisonment in a county jail not to exceed one year, by a fine not to exceed three thousand dollars ($3,000), or by both that imprisonment and fine. As a condition of probation, the court may order the defendant to perform community service not to exceed 600 hours over a period not to exceed 480 days during a time other than his or her hours of school attendance or employment. (2) In lieu of the community service that may be ordered pursuant to paragraph (1), the court may, if a jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of [Penal Code] Section 594 [California's vandalism law], order the defendant, and his or her parents or guardians if the defendant is a minor, as a condition of probation, to keep a specified property in the community free of graffiti for 240 days. Participation of a parent or guardian is not required under this paragraph if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children. (d)(1) Upon conviction of any person under subdivision (a), the court, in addition to any punishment imposed pursuant to subdivision (a), (b), or (c), at the victim's option, may order the defendant to perform the necessary labor to clean up, repair, or replace the property damaged by that person. (2) If a minor is personally unable to pay any fine levied for violating subdivision (a), (b), or (c), the parent or legal guardian of the minor shall be liable for payment of the fine. A court may waive payment of the fine or any part thereof by the parent or legal guardian upon a finding of good cause. (e) Any fine levied for a violation of subdivision (a), (b), or (c) shall be credited by the county treasurer pursuant to Section 1463.29 to the governmental entity having jurisdiction over, or responsibility for, the facility or vehicle involved, to be used for removal of the graffiti or other inscribed material or replacement or repair of the property defaced by the graffiti or other inscribed material. Before crediting these fines to the appropriate governmental entity, the county may determine the administrative costs it has incurred pursuant to this section, and retain an amount equal to those costs. Any community service which is required pursuant to subdivision (a), (b), or (c) of a person under the age of 18 years may be performed in the presence, and under the direct supervision, of the person's parent or legal guardian. (f) As used in this section, the term "graffiti or other inscribed material" includes any unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, or painted on real or personal property. (g) The court may order any person ordered to perform community service or graffiti removal pursuant to subdivision (a), (b), (c), or (d) to undergo counseling.")

¹⁶See also California Penal Code 640.6 -- Graffiti; penalties; community service; graffiti abatement program. ("(a)(1) Except as provided in Section 640.5, any person who defaces with graffiti or other inscribed material any real or personal property not his or her own, when the amount of the defacement, damage, or destruction is less than two hundred fifty dollars ($250), is guilty of an infraction, punishable by a fine not to exceed one thousand dollars ($1,000). This subdivision does not preclude application of [Penal Code] Section 594 [California's vandalism law]. In addition to the penalty set forth in this section, the court shall order the defendant to perform a minimum of 48 hours of community service not to exceed 200 hours over a period not to exceed 180 days during a time other than his or her hours of school attendance or employment.") The remainder of 640.6 PC reads identical to Penal Code 640.5, above.

California Penal Code 594 PC -- Vandalism. ("(2)(A) If the amount of defacement, damage, or destruction is less than four hundred dollars ($400), vandalism is punishable by imprisonment in a county jail not exceeding one year, or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment. (B) If the amount of defacement, damage, or destruction is less than four hundred dollars ($400), and the defendant has been previously convicted of vandalism or affixing graffiti or other inscribed material under Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7, vandalism is punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than five thousand dollars ($5,000), or by both that fine and imprisonment.")

See also California Penal Code 594.6 PC -- Vandalism or affixing graffiti; community service or graffiti removal; counseling. ("(a) Every person who, having been convicted of vandalism or affixing graffiti or other inscribed material under Section 594, 594.3, 594.4, or 640.7, or any combination of these offenses, may be ordered by the court as a condition of probation to perform community service not to exceed 300 hours over a period not to exceed 240 days during a time other than his or her hours of school attendance or employment. Nothing in this subdivision shall limit the court from ordering the defendant to perform a longer period of community service if a longer period of community service is authorized under other provisions of law. (b) In lieu of the community service that may be ordered pursuant to subdivision (a), the court may, if a jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594 [California's vandalism law], order the defendant, and his or her parents or guardians if the defendant is a minor, as a condition of probation, to keep a specified property in the community free of graffiti for up to one year. Participation of a parent or guardian is not required under this subdivision if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children. (c) The court may order any person ordered to perform community service or graffiti removal pursuant to subdivision (a) or (b) to undergo counseling.")

See also California Vehicle Code 13202.6 -- Vandalism by defacing or destroying property; convictions of persons age 13 or older; suspension or delay of driving privilege; reduction of period for community service. ("(a)(1) For every conviction of a person for a violation of Section 594, 594.3, or 594.4 of the Penal Code [that is, California's vandalism laws], committed while the person was 13 years of age or older, the court shall suspend the person's driving privilege for not more than two years, except when the court finds that a personal or family hardship exists that requires the person to have a driver's license for his or her own, or a member of his or her family's, employment, school, or medically related purposes. If the person convicted does not yet have the privilege to drive, the court shall order the department to delay issuing the privilege to drive for not less than one year nor more than three years subsequent to the time the person becomes legally eligible to drive. However, if there is no further conviction for violating Section 594, 594.3, or 594.4 of the Penal Code in a 12-month period after the conviction, the court, upon petition of the person affected, may modify the order imposing the delay of the privilege. For each successive offense, the court shall suspend the person's driving privilege for those possessing a license or delay the eligibility for those not in possession of a license at the time of their conviction for one additional year. (2) A person whose driving privilege is suspended or delayed for an act involving vandalism in violation of Section 594, 594.3, or 594.4 of the Penal Code [California's vandalism laws], may elect to reduce the period of suspension or delay imposed by the court by performing community service under the supervision of the probation department. The period of suspension or delay ordered under paragraph (1) shall be reduced at the rate of one day for each hour of community service performed. If the jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594 of the Penal Code, the period of suspension or delay ordered under paragraph (1) shall be reduced at the rate of one day for each day of community service performed in the graffiti abatement program when the defendant and his or her parents or legal guardians are responsible for keeping a specified property in the community free of graffiti for a specified period of time. The suspension shall be reduced only when the specified period of participation has been completed. Participation of a parent or legal guardian is not required under this paragraph if the court deems this participation to be detrimental to the defendant, or if the parent or legal guardian is a single parent who must care for young children. For purposes of this paragraph, "community service" means cleaning up graffiti from any public property, including public transit vehicles. (3) As used in this section, the term "conviction" includes the findings in juvenile proceedings specified in Section 13105. (b)(1) Whenever the court suspends driving privileges pursuant to subdivision (a), the court in which the conviction is had shall require all drivers' licenses held by the person to be surrendered to the court. The court shall, within 10 days following the conviction, transmit a certified abstract of the conviction, together with any drivers' licenses surrendered, to the department. (2) Violations of restrictions imposed pursuant to this section are subject to Section 14603. (c) The suspension, restriction, or delay of driving privileges pursuant to this section shall be in addition to any penalty imposed upon conviction of a violation of Section 594, 594.3, or 594.4 of the Penal Code.")

¹⁷California Penal Code 594 PC -- Vandalism. ("(d) If a minor is personally unable to pay a fine levied for acts prohibited by this section, the parent of that minor shall be liable for payment of the fine. A court may waive payment of the fine, or any part thereof, by the parent upon a finding of good cause.")

¹⁸California Penal Code 594 PC -- Vandalism. ("(b)(1) If the amount of defacement, damage, or destruction is four hundred dollars ($400) or more, vandalism is punishable by imprisonment in the state prison or in a county jail not exceeding one year, or by a fine of not more than ten thousand dollars ($10,000), or if the amount of defacement, damage, or destruction is ten thousand dollars ($10,000) or more, by a fine of not more than fifty thousand dollars ($50,000), or by both that fine and imprisonment.")

¹⁹See same. See also Penal Code 594.6 PC -- Vandalism or affixing graffiti, endnote 15, above. See also California Vehicle Code 13202.6 -- Vandalism by defacing or destroying property; convictions of persons age 13 or older; suspension or delay of driving privilege; reduction of period for community service, endnote 15, above.

²⁰See California Penal Code 594 PC -- Vandalism. ("California Penal Code 594 PC -- Vandalism. ("(b)(1) If the amount of defacement, damage, or destruction is four hundred dollars ($400) or more, vandalism is punishable by imprisonment in the state prison or in a county jail not exceeding one year, or by a fine of not more than ten thousand dollars ($10,000), or if the amount of defacement, damage, or destruction is ten thousand dollars ($10,000) or more, by a fine of not more than fifty thousand dollars ($50,000), or by both that fine and imprisonment. ("(c) Upon conviction of any person under this section for acts of vandalism consisting of defacing property with graffiti or other inscribed materials, the court shall, when appropriate and feasible, in addition to any punishment imposed under subdivision (b) [Penal Code 594's "wobbler" subdivision], order the defendant to clean up, repair, or replace the damaged property himself or herself, or order the defendant, and his or her parents or guardians if the defendant is a minor, to keep the damaged property or another specified property in the community free of graffiti for up to one year. Participation of a parent or guardian is not required under this subdivision if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children. If the court finds that graffiti cleanup is inappropriate, the court shall consider other types of community service, where feasible. (f) The court may order any person ordered to perform community service or graffiti removal pursuant to paragraph (1) of subdivision (c) to undergo counseling.")

See also Penal Code 18 PC -- Punishment for felony not otherwise prescribed; alternate sentence to county jail. ("Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a felony, or to be punishable by imprisonment in a state prison, is punishable by imprisonment in any of the state prisons for 16 months, or two or three years; provided, however, every offense which is prescribed by any law of the state to be a felony punishable by imprisonment in any of the state prisons or by a fine, but without an alternate sentence to the county jail, may be punishable by imprisonment in the county jail not exceeding one year or by a fine, or by both.")

²¹California Penal Code 594.7 -- Subsequent conviction of vandalism; punishment. ("Notwithstanding subdivision (b) of [California Penal Code] Section 594, every person who, having been convicted previously of vandalism under Section 594 [California's vandalism law] for maliciously defacing with graffiti or other inscribed material any real or personal property not his or her own on two separate occasions and having been incarcerated pursuant to a sentence, a conditional sentence, or a grant of probation for at least one of the convictions, is subsequently convicted of vandalism under Section 594, shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison.")

²²California Penal Code 594.4 -- Vandalism; structure; noxious or caustic chemicals or substances. ("(a) Any person who willfully and maliciously injects into or throws upon, or otherwise defaces, damages, destroys, or contaminates, any structure with butyric acid, or any other similar noxious or caustic chemical or substance, is guilty of a public offense, punishable by imprisonment in the state prison or in a county jail, by a fine as specified in subdivision (b), or by both that imprisonment and fine. (b)(1) If the amount of the defacement, damage, destruction, or contamination is fifty thousand dollars ($50,000) or more, by a fine of not more than fifty thousand dollars ($50,000). (2) If the amount of the defacement, damage, destruction, or contamination is five thousand dollars ($5,000) or more, but less than fifty thousand dollars ($50,000), by a fine of not more than ten thousand dollars ($10,000). (3) If the amount of defacement, damage, destruction, or contamination is nine hundred fifty dollars ($950) or more, but less than five thousand dollars ($5,000), by a fine of not more than five thousand dollars ($5,000). (4) If the amount of the defacement, damage, destruction, or contamination is less than nine hundred fifty dollars ($950), by a fine of not more than one thousand dollars ($1,000). (c) For purposes of this section, "structure" includes any house or other building being used at the time of the offense for a dwelling or for commercial purposes.")

See also California Penal Code 594.6 PC -- Vandalism or affixing graffiti; community service or graffiti removal; counseling, endnote 15, above.

See also California Vehicle Code 13202.6 -- Vandalism by defacing or destroying property; convictions of persons age 13 or older; suspension or delay of driving privilege; reduction of period for community service, endnote 15, above.

²³California Penal Code 594.3 PC -- Vandalism; church, synagogue, mosque, temple, building of religious educational institution or other place of worship; punishment if based on racial or religious prejudice. ("(a) Any person who knowingly commits any act of vandalism to a church, synagogue, mosque, temple, building owned and occupied by a religious educational institution, or other place primarily used as a place of worship where religious services are regularly conducted or a cemetery is guilty of a crime punishable by imprisonment in the state prison or by imprisonment in the county jail for not exceeding one year.")

See also California Penal Code 594.6 PC -- Vandalism or affixing graffiti; community service or graffiti removal; counseling, endnote 15, above.

See also California Vehicle Code 13202.6 -- Vandalism by defacing or destroying property; convictions of persons age 13 or older; suspension or delay of driving privilege; reduction of period for community service, endnote 15, above.

²⁴See endnote 22, above.

²⁵California Penal Code 594.3 PC -- Vandalism; church, synagogue, mosque, temple, building of religious educational institution or other place of worship; punishment if based on racial or religious prejudice. ("(b) Any person who knowingly commits any act of vandalism to a church, synagogue, mosque, temple, building owned and occupied by a religious educational institution, or other place primarily used as a place of worship where religious services are regularly conducted or a cemetery, which is shown to have been a hate crime and to have been committed for the purpose of intimidating and deterring persons from freely exercising their religious beliefs, is guilty of a felony punishable by imprisonment in the state prison. (c) For purposes of this section, "hate crime" has the same meaning as Section 422.55.")

See also California Penal Code 422.55 PC -- "Hate crime" defined. ("For purposes of this title, and for purposes of all other state law unless an explicit provision of law or the context clearly requires a different meaning, the following shall apply: (a) "Hate crime" means a criminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim: (1) Disability. (2) Gender. (3) Nationality. (4) Race or ethnicity. (5) Religion. (6) Sexual orientation. (7) Association with a person or group with one or more of these actual or perceived characteristics.")

²⁶California Penal Code 594.35 -- Crimes and punishment; destruction of cemetery or mortuary property. ("Every person is guilty of a crime and punishable by imprisonment in the state prison or by imprisonment in a county jail for not exceeding one year, who maliciously does any of the following: (a) Destroys, cuts, mutilates, effaces, or otherwise injures, tears down, or removes any tomb, monument, memorial, or marker in a cemetery, or any gate, door, fence, wall, post or railing, or any inclosure for the protection of a cemetery or mortuary or any property in a cemetery or mortuary. (b) Obliterates any grave, vault, niche, or crypt. (c) Destroys, cuts, breaks or injures any mortuary building or any building, statuary, or ornamentation within the limits of a cemetery. (d) Disturbs, obstructs, detains or interferes with any person carrying or accompanying human remains to a cemetery or funeral establishment, or engaged in a funeral service, or an interment.")

²⁷California Penal Code 640.7 PC -- Violations of California's vandalism laws, Penal Code sections §§ 594, 640.5, and 640.6 on or within 100 feet of a highway or appurtenances; penalty. ("Any person who violates [Penal Code] Section 594, 640.5, or 640.6 [California's vandalism laws] on or within 100 feet of a highway, or its appurtenances, including, but not limited to, guardrails, signs, traffic signals, snow poles, and similar facilities, excluding signs naming streets, is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. A second conviction is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.")

See also California Penal Code 594.6 PC -- Vandalism or affixing graffiti; community service or graffiti removal; counseling, endnote 15, above.

See also California Penal Code 640.8 PC -- Graffiti; freeways and appurtenances; penalties; community service. ("Any person who violates Section 594, 640.5, or 640.6 [California's vandalism laws], on a freeway, or its appurtenances, including sound walls, overpasses, overpass supports, guardrails, signs, signals, and other traffic control devices, is guilty of a misdemeanor, punishable by imprisonment in a county jail not to exceed one year, by a fine not to exceed five thousand dollars ($5,000), or by both that imprisonment and fine. As a condition of probation, the court may order the defendant to perform community service not to exceed 480 hours over a period not to exceed 420 days during a time other than his or her hours of school attendance or employment.

²⁸California Penal Code 1203.4 PC -- Change of plea. This section outlines the procedures by which a defendant can expunge his California Penal Code 594 PC vandalism conviction from his criminal record.

²⁹California Penal Code 17 -- Reducing a wobbler from a felony to a misdemeanor. Penal Code 17(b)(3) states "(b) When a crime is punishable, in the discretion of the court, by imprisonment in the state prison or by fine or imprisonment in the county jail [as is Penal Code 594 PC, California's vandalism law], it is a misdemeanor for all purposes under the following circumstances:...(3) When the court grants probation to a defendant without imposition of sentence and at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be a misdemeanor.")

³⁰California Penal Code 1203.3 PC -- Probation; revocation, modification, termination. This code section outlines the procedures that must be followed in order to qualify for early termination of probation in a California vandalism case.

³¹Although California Penal Code 602 PC outlines more than 30 violations of this law, the elements that are common to all of them are that 1) you willfully enter someone else's property, and 2) you have the specific intent to interfere with that person's property rights. CALJIC 16.330 – Trespass – Entering Land to Interfere With Business. ("In order to prove this crime, each of the following elements must be proved: [1] A person willfully entered land of another, whether unenclosed or enclosed by fence; and [2] The person did so with the specific intent [to injure any property or property rights thereon] [or] [to interfere with, obstruct, or injure any lawful business or occupation being carried on by the [owner of the land or [his] [her] agent] [or] [person in lawful possession of land]].")

³²California Penal Code 459 PC -- Burglary. ("Every person who enters any house, room, apartment, tenement, shop, warehouse, store...with intent to commit grand or petit larceny or any felony is guilty of burglary.")

³³ California Penal Code 451 PC -- Arson. ("A person is guilty of arson when he or she willfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of, any structure, forest land, or property.")

³⁴California Penal Code 186.22 -- Participation in a criminal street gang; penalty.

³⁵Nevada Revised Statute 206.330 -- Placing graffiti on or otherwise defacing property: Fines and penalties. ("1. Unless a greater criminal penalty is provided by a specific statute, a person who places graffiti on or otherwise defaces the public or private property, real or personal, of another, without the permission of the owner: (a) Where the value of the loss is less than $250, is guilty of a misdemeanor. (b) Where the value of the loss is $250 or more but less than $5,000, is guilty of a gross misdemeanor. (c) Where the value of the loss is $5,000 or more or where the damage results in the impairment of public communication, transportation or police and fire protection, is guilty of a category E felony and shall be punished as provided in NRS 193.130. If the court grants probation to such a person, the court shall require as a condition of probation that the person serve at least 10 days in the county jail. 2. If a person commits more than one offense pursuant to a scheme or continuing course of conduct, the value of all property damaged or destroyed by that person in the commission of those offenses must be aggregated for the purpose of determining the penalty prescribed in subsection 1, but only if the value of the loss when aggregated is $5,000 or more. 3. A person who violates subsection 1 shall, in addition to any other fine or penalty imposed: (a) For the first offense, pay a fine of not less than $400 but not more than $1,000 and perform 100 hours of community service. (b) For the second offense, pay a fine of not less than $750 but not more than $1,000 and perform 200 hours of community service. (c) For the third and each subsequent offense, pay a fine of $1,000 and perform 200 hours of community service. The community service assigned pursuant to this subsection must, if possible, be related to the abatement of graffiti. 4. The parent or legal guardian of a person under the age of 18 years who violates this section is liable for all fines and penalties imposed against the person. If the parent or legal guardian is unable to pay the fine and penalties resulting from a violation of this section because of financial hardship, the court may require the parent or legal guardian to perform community service. 5. If a person who is 18 years of age or older is found guilty of violating this section, the court shall, in addition to any other penalty imposed, issue an order suspending the driver's license of the person for not less than 6 months but not more than 2 years. The court shall require the person to surrender all driver's licenses then held by the person. If the person does not possess a driver's license, the court shall issue an order prohibiting the person from applying for a driver's license for not less than 6 months but not more than 2 years. The court shall, within 5 days after issuing the order, forward to the Department of Motor Vehicles any licenses together with a copy of the order.")

³⁶Please feel free to contact our Nevada criminal defense attorneys Michael Becker and Mike Castillo for any questions relating to Nevada's vandalism laws. Our Nevada law offices are located in Reno and Las Vegas.

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