What Constitutes Vandalism?

Under California Penal Code Section 594, vandalism is defined as the malicious act of defacing, damaging, or destroying any real or personal property that does not belong to the perpetrator. The statute categorizes vandalism into three main acts:

1. Defacing with graffiti or other inscribed material.
2. Damaging property (Most Common).
3. Destroying property.

Examples that might be considered vandalism:

• Graffiti: Spraying paint or using markers to inscribe tags, messages, or drawings on public or private walls, buildings, bridges, or vehicles without the owner’s permission (§ 594(a)(1)).
• Keying Cars: Using a key or sharp object to scratch or etch into the paint of someone else’s vehicle, causing permanent damage.
• Smashing Windows: Breaking the windows of buildings, cars, or other structures intentionally, whether by throwing objects, using tools, or other means.
• Damaging Street Signs: Bending, breaking, or defacing street signs, traffic lights, or other public signage, which could also endanger public safety.
• Property Defacement: Defacing property with inscribed material, which includes unauthorized inscription, word, figure, mark, or design, that is written, marked, etched, scratched, drawn, or painted on real or personal property, as clarified in § 594(e).
• Destruction of Landscaping: Intentionally damaging or destroying landscaping elements such as trees, plants, or lawns on someone else’s property.
• Vandalizing Mailboxes: Damaging or destroying mailboxes, which can also be a federal offense given that mailboxes are protected under federal law.
• Public/Government Property Damage: Causing damage to public property, such as parks, benches, playground equipment, or public art installations, which can lead to the permissive inference mentioned in § 594(a) that the vandal neither owned the property nor had permission to alter it.

Examples of Vandalism Cases

1. Graffiti on a Public Building:
   • A person is caught spray painting graffiti on a city hall building. The cost to clean and repaint the affected area is estimated at $600. Under Section 594, this individual could face up to one year in county jail, a fine up to $10,000, or both.
2. Destruction of a Vehicle’s Windows:
   • An individual smashes the windows of a parked car, resulting in damages totaling $300. As this amount is less than $400, the perpetrator could be sentenced to up to one year in county jail, fined up to $1,000, or both. If this person has a prior conviction for vandalism, the fine could increase to $5,000.

Additional Penalties and Requirements

In addition to imprisonment and fines, the court may impose other penalties for acts of vandalism, particularly those involving graffiti:

1. Restitution and Clean-Up Orders:
   • The court may order the defendant to clean, repair, or replace the damaged property.
   • If the defendant is a minor, the court can order the minor and their parents or guardians to keep the damaged property or another specified property graffiti-free for up to one year, unless this participation is deemed detrimental to the defendant or impractical for the parent or guardian.
2. Parental Liability:
   • If a minor cannot pay the imposed fines, the parent or guardian is liable for the payment, although the court may waive the fine upon finding good cause.
3. Community Service and Counseling:
   • The court may order the defendant to perform community service, including graffiti removal.
   • Counseling may also be mandated as part of the community service order.