Under California state law, graffiti is vandalism.
California's penal code includes regulations and maximum punishments for all forms of vandalism. The vandalism regulations encompass sections 594 and 640 of the penal code. In addition to punishment based on the vandalism codes, a perpetrator may also receive a hate crime charge if the property damaged included any religious buildings.
Definition
California penal code 594 states that vandalism is the malicious defacement, damage or destruction of any property not belonging to the individual performing the act and not permitted by the property's owner. The code additionally states that it is implied that any public property does not belong to the individual and any defacement, damage or destruction of public property is not permitted by the owner.
Infraction
According to California penal code sections 640.5 and 640.6, prosecutors may charge an individual with an infraction if vandalism on government or personal property does not exceed $250 to repair. If the vandalism represents a repeated offense, vandalism incurring less than $250 in damage results in a misdemeanor. Penalties include up to $1,000 in fines and community service.
Misdemeanor
According to California penal code 594, vandalism resulting in repair costs of greater than $250 but less than $400 are charged as misdemeanors. Penalties include summary probation, up to one year in county jail and a fine up to $1,000. If the vandalism represents a repeated offense, a judge may fine the defendant up to $5,000. The judge may also choose to revoke the defendant's driver's license or extend the period until the defendant may procure a driver's license. In addition, the judge may choose to enroll the defendant into counseling and community service or order the defendant to reverse the damage he or she caused or order the defendant to ensure the damaged property stays free of graffiti for one year. A prosecutor may choose to charge vandalism in cases causing over $400 in damage as misdemeanors. In this case, all of the above applies, except the maximum fine increases to $10,000. For misdemeanor vandalism damage over $10,000, the maximum fine is $50,000.
Felony
Any vandalism resulting in over $400 in damage may result in a felony charge. Penalties include fines of up to $10,000 and up to 16 months in county jail. For vandalism charges resulting in over $10,000 in damage, fines increase to $50,000 and the judge may order two to three years in state prison. All felony charges result in summary probation.
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