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A nation

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  1. US CodeCopyrights

     

     

     

    (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 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.

    (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.

    © 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

    © to undergo counseling

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