Cal Pen Code § 594 (2004)
§ 594. Vandalism; Punishment
(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.
(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 may, 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.
(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.