Penal Code § 594 PC – California Vandalism Laws

California Penal Code § 594 PC defines the crime of vandalism as maliciously damaging, destroying or defacing someone else’s property. Vandalism is a misdemeanor if the amount of damage is less than $400.00. But the charge can be a felony if the damage is $400.00 or greater.

The language of the code section states that:

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.

When most people hear the term vandalism, they may think of neighborhood kids who end up in the California juvenile court system for smashing peoples’ mailboxes.

However, California’s vandalism charges can be for a number of activities that you might not immediately think of. Some examples are:

• During a fight with your husband, breaking some fine china that you own together;
• “Keying” the car of someone you know as an act of revenge for something awful they’ve done to you; and
• Writing your name in wet cement on a city sidewalk.

And vandalism charges are serious business in California. A vandalism conviction can result in penalties that include jail time and very large fines. ^1 2

Penalties

The penalties for 594 PC charges generally depend on the dollar value of the property damage that was done.

If the damage is worth four hundred dollars ($400) or more, vandalism is a wobbler in California law. This means the charge can be filed as a misdemeanor or a felony. The penalties for felony vandalism may include a jail sentence of between one (1) and three (3) years–and/or a fine of up to ten thousand dollars ($10,000), or even more if the damage is very extensive.³

In fact, in the summer of 2014, the Los Angeles County sheriff’s department was even recommending that the pop star Justin Bieber be charged with California felony vandalism–just for tossing a few eggs at his neighbor’s house!

If the damage is worth less than four hundred dollars ($400), vandalism is still punishable by misdemeanor penalties of up to one (1) year in county jail, and/or a maximum one thousand dollar ($1,000) fine.⁴

Legal defenses

But don’t despair — an experienced California vandalism defense attorney may be able to help you get Penal Code 594 PC vandalism charges reduced or dismissed. There are several legal defenses that could be helpful with this, including:

• You damaged someone else’s property by accident;
• You were falsely accused; and / or
• You were the victim of mistaken identity.

In order to help you better understand the law, our California criminal defense attorneys will address the following:

• 1. Vandalism Defined
• 2. Penalties
• 3. Common Defenses
• 4. Related Crimes
• 5. Laws for Juveniles

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

1. Vandalism Defined

The legal definition of vandalism in California revolves around three facts (known as the “elements of the crime”). The prosecutor is required to prove all three facts in order to convict you of vandalism under Penal Code 594 PC.

The elements of the crime of California vandalism are:

1. that you maliciously “defaced with graffiti or other inscribed material,” damaged, or destroyed property,
2. that you did not own the property or owned it with someone else, 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.⁶

Let’s take a closer look at some of these terms to gain a better understanding of the legal definition of vandalism in California.

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.”⁷ In other words, any unauthorized writing or drawing on property, using pretty much any kind of tool, can qualify.

“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.⁸

Example: Nick 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.  So Nick is guilty of defacing property with graffiti or other inscribed materials in violation of Penal Code 594 PC, California’s vandalism law.⁹

Property that you did not own or owned with someone else

Although this element of the crime of vandalism may seem obvious, there are actually a couple of issues that warrant discussion.

First, if the alleged vandalism appears on “public” property (like a park bench), the jury is allowed to presume that you did not own the property — and did not have permission to deface, damage, or destroy it.¹⁰

Second, Penal Code 594 PC, California’s vandalism law, 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 belonged to both him/her and his/her spouse.¹¹

Example: Otis is horrified when he learns that his wife has been cheating on him for years with his best friend. Because he wants her to feel some of the humiliation he now feels, he spray-paints the word “Whore” on the outside wall of the house they own together.

Otis may be guilty of California vandalism for defacing property that is jointly owned by both him and his wife.

Maliciously

Acting “maliciously” means that you either

1. intentionally do a wrongful act, or
2. act with the unlawful intent to annoy or injure someone else.¹²

It doesn’t necessarily mean that you intend to break the law per se.

So if you don’t maliciously deface, damage, or destroy another person’s property…but only accidentally do so…you aren’t guilty of California vandalism.

The amount of damage

If the cost to repair or replace the defaced, damaged, or destroyed item is less than four hundred dollars ($400), prosecutors can only charge you with misdemeanor vandalism.

If the cost is four hundred dollars ($400) or more, then vandalism becomes a wobbler in California law–which means that prosecutors have the option of charging you with either a felony or a misdemeanor.¹³

In this way, California vandalism is similar to certain California theft crimes…in that the penalties are based on the value of the damage that you cause (or of the items that you stole).

Also, if you are accused of one or more acts of vandalism that the prosecution can prove were part of the “same intention, impulse and plan,” then all the acts will be added together.  If the total value of the damage is $400 or more, then the prosecutor may charge you with felony vandalism.¹⁴

Example:  In order to get even with 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.

So each act of vandalism is worth less than $400 — but added together they are worth $500.

Given these facts, prosecutors could charge Arthur with felony vandalism instead of two acts of misdemeanor vandalism.¹⁵

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 decides that you committed vandalism — but is not convinced that the damage adds up to $400 or more — they could convict you of misdemeanor vandalism instead.

(Note that vandalism of a motor vehicle is often charged under a different section, Vehicle Code 10853 VC. This section makes it a misdemeanor to damage, deface or destroy a vehicle without the owner’s consent).

2. Penalties

The scheme of penalties, punishment, and sentencing for California vandalism is surprisingly complicated.

Misdemeanor vandalism under Penal Code 594 PC

As we have discussed above, in most vandalism cases, if the value of the damage is less than four hundred dollars ($400), then vandalism is a misdemeanor.¹⁶

In that case, the following vandalism penalties may apply:

• up to one (1) year in county jail,
• a maximum fine of one thousand dollars ($1,000) — OR up to five thousand dollars ($5,000) if you have a prior vandalism conviction, and/or
• informal (otherwise known as “summary”) probation.

Potential conditions of probation for a vandalism conviction include the following:

• a California driver’s license suspension of up to two (2) years (or, if you don’t yet have a driver’s license, a 1-to-3 year delay in your eligibility to obtain a driver’s license),
• required counseling,
• community service (which may include personally cleaning, repairing, or replacing the damaged property), and/or
• being tasked with keeping the damaged property or another property in the community “graffiti-free” for up to one year.¹⁷

Felony vandalism under Penal Code 594 PC

Penal Code 594 PC vandalism becomes a wobbler when the damage to the vandalized property is four hundred dollars ($400) or greater.

This means that the prosecutor can decide to charge you with vandalism as either a misdemeanor or a felony.¹⁸ Prosecutors generally base this decision 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 may face

• up to one (1) year in county jail,
• a maximum fine of ten thousand dollars ($10,000) — OR up to fifty thousand dollars ($50,000) if the amount of the damage was $10,000 or more, and/or
• the same probation conditions listed in Section 2.1, 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

• either (a) probation with up to one year of country jail, or (b) a jail sentence of sixteen (16) months, two (2) years or three (3) years,
• a maximum fine of ten thousand dollars ($10,000)…OR up to fifty thousand dollars ($50,000) if the amount of the damage was $10,000 or more, and/or
• the same probation conditions listed in Section 2.1, above.²⁰

It’s also important to note that, 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

Penalties for graffiti with damage less than $250 – Penal Code 640.5 and 640.6 PC

If

1. the form of vandalism you are charged with is defacing property with “graffiti or other inscribed material” (as opposed to the other forms of vandalism described above); AND
2. the cost to repair the graffiti damage is less than two hundred fifty dollars ($250),

the prosecutor may choose to charge you under a different, less harsh penalty scheme that is set forth in Penal Code 640.5 and 640.6 PC.²²

This is up to the prosecutor’s discretion. S/he also may choose to charge you with normal misdemeanor vandalism under Penal Code 594 PC.²³

If you are charged under Penal Code 640.5 or 640.6 PC, California’s graffiti laws, the potential penalty depends on whether this is your first, second, or third (or subsequent) California graffiti or vandalism conviction.

Grafitti – as opposed to other types of vandalism – may be charged under Penal Code 640.5 PC or 640.6 PC if the cost to repair the damage is under $250.

First conviction

If you have no previous California vandalism conviction, then under Penal Code 640.5 and 640.6 PC, your graffiti offense will be an infraction.

The potential infraction penalties are:

• a maximum of one thousand dollar ($1,000) fine, and
• community service.²⁴

Second conviction

If you have a previous vandalism conviction (under these statutes, Penal Code 594 PC, or any other California vandalism law), then graffiti costing less than $250 to repair becomes a misdemeanor.²⁵

However, the misdemeanor penalties under Penal Code 640.5 PC and 640.6 PC, California’s graffiti laws, are less than those under Penal Code 594 PC. They include:

• up to six (6) months in county jail,
• a fine of up to two thousand dollars ($2,000), and/or
• community service.²⁶

Third and subsequent convictions

If you have been convicted of a California vandalism offense on two (or more) previous occasions and were given a jail sentence or probation for at least one of those convictions — and you are charged with graffiti costing under $250 under Penal Code 640.5 or 640.6 PC –, then you will face the following misdemeanor penalties:

• Up to one (1) year in county jail,
• Up to three thousand dollars ($3,000) in fines, and/or
• Community service.²⁷

Penalties for other types of vandalism

California Penal Code 594 PC is not California’s only vandalism law.  There are several other Penal Code sections that prescribe different penalties for vandalism.  These vandalism statutes set the punishment based on the type of vandalism — or the type of property that is vandalized — rather than the cost of the damage.

Vandalizing places of worship – Penal Code 594.3 PC

Under Penal Code 594.3 PC, if you vandalize a church, temple, or another place of worship, vandalism is always a wobbler — regardless of the cost to repair the damage.²⁸

A misdemeanor conviction for vandalizing a place of worship subjects you to

• up to one (1) year in county jail,
• a maximum one thousand dollar ($1,000) fine, and
• the probation conditions listed in Section 2.1 above.²⁹

A felony conviction for vandalizing a place of worship subjects you to

• incarceration for sixteen (16) months, two (2) years or three (3) years,
• a maximum fine of ten thousand dollars ($10,000), and/or
• the probation conditions listed in Section 2.1 above.³⁰

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 on the victim’s religious beliefs –, then you face an automatic felony sentence.³¹

A very similar vandalism statute is Penal Code 594.35 PC. This law prescribes the same penalties for acts of vandalism that are committed at a cemetery or mortuary.³²

Vandalism involving caustic chemicals – Penal Code 594.4 PC

The specific act of committing vandalism using “butyric acid, or any other similar noxious or caustic chemical or substance” is also a wobbler regardless of the amount of damage done.³³

Vandalism involving chemicals as a misdemeanor will subject you to up to six (6) months in county jail.

If vandalism involving chemicals is charged as a felony, it can lead to a sentence of sixteen (16) months, two (2) years or three (3) years.

Either conviction subjects you to a maximum fine ranging from one thousand dollars ($1,000) to fifty thousand dollars ($50,000) (depending on the amount of damage to the vandalized property) — and to the other probation conditions described in Section 2.1 above.³⁴

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

Penal Code sections 640.7 and 640.8 PC set out the penalties for acts of vandalism that occur on or near a highway or freeway.³⁵

A conviction under either of these sections is a misdemeanor, punishable by

• time in county jail (up to six (6) months for a first conviction of vandalism near a highway, and up to one (1) year for a second conviction or a first conviction of vandalism near a freeway),
• a maximum one thousand dollar ($1,000) fine for vandalism on or near a highway, and a maximum five thousand dollar ($5,000) fine for vandalism on or near a freeway, and
• counseling or community service.³⁶

Restraining orders

Under PC 490.8, the court can issue a two-year restraining order barring you from entering a retail establishment that you vandalized.

Expunging your California vandalism conviction

If you are given a sentence of probation in a misdemeanor or felony vandalism case, you may expunge your California criminal record once you successfully complete the probationary period.³⁷

However, the judge can deny you an expungement if you suffer a probation violation or failure to adhere to all the terms and conditions of probation.³⁸

And if you are convicted of felony vandalism, the court may be willing to reduce the felony conviction to a misdemeanor.³⁹

Finally, 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.⁴⁰

3. Common Defenses

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

Accident

As Pasadena criminal defense attorney Neil Shouse explains⁴¹,

“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, you can argue “accident” as a legal defense.⁴²

False allegations / wrongful arrest

Because vandalism can frequently occur in connection with California domestic violence cases, 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 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 – and other members of the group decide to make one of them “take the fall.”

Mistaken identity

You may also 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.

4. Related Crimes

There are a variety of offenses that are commonly charged in connection with — or instead of — California vandalism.  These include:

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.⁴³

This means that if you are on another person’s property when you allegedly violate California’s vandalism law — as is quite common — prosecutors could charge you with both offenses.

California trespass is typically (but not always) a misdemeanor.⁴⁴

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.⁴⁵

So, if prosecutors believe that you entered someone else’s property intending to commit felony vandalism . . . they will likely charge you with vandalism AND burglary.

Burglary of an inhabited house or structure is a felony, carrying a state prison term of up to (6) years. Burglary of uninhabited structures (that is, buildings where no one is living) is a wobbler.⁴⁶

Penal Code 451 PC arson

Penal Code 451 PC – California’s arson law, prohibits maliciously setting fire to another person’s property — and, in some special cases, your own property.⁴⁷

If prosecutors charge you with California arson for setting fire to another person’s property, they may also charge you with maliciously damaging or destroying that same property under California’s vandalism law.

California malicious arson is a felony. The penalties depend on

1. the type of property at issue,
2. whether or not someone was injured in the fire, and
3. whether you set the fire willfully or only “recklessly.”⁴⁸

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 when the offense is committed for the benefit of, or on the orders of, any criminal street gang — with the specific intent to further the gang’s criminal activity.⁴⁹

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

California domestic violence laws

As we discussed above, the crime of vandalism occurs when someone maliciously damages property that they own jointly with someone else. This scenario is most likely to occur in connection with domestic disputes — when one spouse or partner, during a fight with the other, damages property they both own.

This means that vandalism charges are sometimes brought in connection with California domestic violence charges.

One California domestic violence offense is corporal injury on a spouse or cohabitant (Penal Code 273.5 PC).  This occurs when someone willfully inflicts a bodily injury on their spouse — and the injury results in a “traumatic condition” like a visible wound.⁵⁰

Another possible domestic violence charge is the misdemeanor offense of domestic battery (Penal Code 243e1 PC).⁵¹ This offense may be charged if there is any allegation that you willfully inflicted any amount of force or violence — even a very small amount that left no mark or wound — on your spouse.⁵²

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 corporal injury on a spouse and Penal Code 594 PC vandalism.

Penal Code 591 PC damaging a telephone or electrical line

One particular form of property damage that is charged under a separate law is damage to a telephone, electrical or utility line under Penal Code 591 PC.

This law provides for wobbler penalties for people who cut or otherwise damage or obstruct phone, electrical or cable lines, or equipment associated with those lines.⁵³ If you are alleged to have damaged property that included, say, telephone or electrical equipment, you could be charged with both vandalism and damaging a telephone line.

A related law is found in Penal Code 347 PC. Penal Code 347 makes it a crime to poison a food, water or medicine supply. Another similar law is Vehicle Code 21464 VC, which makes it a crime to deface or interfere with a traffic control device.

5. Laws for Juveniles

Minors make up a large percentage of people arrested for vandalism. For example, in Los Angeles County, more than half of all misdemeanor vandalism arrests in 2010 were of juveniles.⁵⁴

If your child is arrested on vandalism charges, it is important that you work with a criminal defense attorney who has experience both with vandalism defense and with proceedings in the California juvenile court system.

It is also important for parents of minors facing juvenile charges for vandalism to understand that some vandalism penalties may affect them…and not just their child.

For example, if your child is convicted under California’s vandalism law, you may be required to pay his/her fines if s/he is unable to do so.⁵⁵

Also, if your minor child is sentenced to community service for vandalism, you may be required to help him/her fulfill these requirements.⁵⁶

Laws in Other States:

Arrested in Colorado? Visit our page on Colorado Vandalism Laws.

Arrested in Nevada? Visit our page on Nevada’s vandalism and malicious mischief laws (NRS 206.310).

¿Habla español? Visite nuestro sitio Web en español sobre las leyes de vandalismo de California.

Online Resources:

California Courts Center for Children and Families: Juvenile Justice Resources

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Legal References: