Is “Tagging” in Riverside County Vandalism or Graffiti?

Posted on December 17, 2015

The answer to the question in the title is “yes.” If you are arrested for “tagging” a building, home, or other structure or property in Riverside County, you can be charged with either the crime of vandalism or the separate criminal offense of graffiti.

Vandalism

Tagging is a form of vandalism as that term is used in California’s vandalism statute, Penal Code Section 594. You are guilty of vandalism under that section of the code if you commit any of the following acts on property not your own:

• Defacing the property with graffiti or other inscribed material
• Damaging the property
• Destroying the property

Tagging is obviously graffiti as defined in Section 594, as it is an “unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn or painted on” on someone else’s property real or personal property.

If the damage caused by the tagging is four hundred dollars ($400) or more, you could be charged with either a felony or a misdemeanor. If treated as a felony, upon conviction you could face up to a year in Riverside County jail and a fine of up to $10,000. However, if the damage is greater than $10,000, those fines could go up to $50,000.

If tagging is charged as a misdemeanor, as it is for damage less than $400, it is punishable by up to one year in county jail and/or up to $1,000 fines.

Graffiti

But Section 594 is not the only law you can be charged with violating if you tag someone else’s property in Riverside County. California Penal Code Sections 640.5 and 640.6 specifically address graffiti and tagging that causes less than $250 in damage. At the prosecutor’s discretion, he or she may charge you with a violation of these provisions rather than Section 594 or charge you with both.

If you are charged under Penal Code 640.5 or 640.6 PC, the potential penalty depends on whether this is your first, second, or third (or subsequent) California graffiti or vandalism conviction. The penalty for a first-time tagging conviction under these sections of the code is less than for a violation of Section 594, with community service instead of jail time, though a fine of up to $1,000 may be imposed as well.

If you have been charged with a crime relating to tagging property in Riverside County, please give one of our skilled Riverside County criminal defense attorneys a call today to discuss your situation.