California Penal Code on Vandalism/Graffiti 594-625c

IMPORTANT see also: Legal Info: Sidewalk Chalk and Los Angeles
                         see also: Los Angeles Municipal Code on Chalking


CALIFORNIA PENAL CODE (vandalism/ graffiti )

SECTION 594-625c

594.  (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.

   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.

   (b) (1) If the amount of defacement, damage, or destruction is

four hundred dollars ($400) or more, vandalism is punishable by

imprisonment pursuant to subdivision (h) of Section 1170 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.

   (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.

   (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), 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.

   (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.

   (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.

   (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.

   (g) This section shall become operative on January 1, 2002.