PC 594 Explained: California Vandalism Law

California Penal Code section 594 makes it a crime, called vandalism, to maliciously deface with graffiti or other inscribed material, damage, or destroy real or personal property that is not one's own. The punishment depends mainly on the dollar amount of the damage, with $400 as the dividing line.

This page covers what section 594 says as published on the California Legislature's official site, what the prosecution has to prove under the state's jury instruction, the penalty ranges, and the court orders the section allows for graffiti cases. It covers California state law only.

Information last verified against primary sources on October 20, 2026. This article has not yet been reviewed by a licensed lawyer.

What PC 594 says

Section 594 sits in Title 14 of Part 1 of the Penal Code, "Malicious Mischief." It has seven subdivisions, (a) through (g).

594(a): the offense

"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."

The property can be real or personal property. It must be property "not his or her own." CALCRIM No. 2900 frames this as property the defendant did not own, or owned with someone else.

Subdivision (a) also creates a "permissive inference" for public property. When the property is real property, vehicles, signs, fixtures, furnishings, or property of a public entity (as defined in Government Code section 811.2) 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."

594(b): penalties by amount of damage

Subdivision (b) sets the punishment, covered in the penalties section below.

594(c): graffiti cleanup and community service

For a vandalism conviction "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)," either order the defendant to clean up, repair, or replace the damaged property, or order the defendant to keep the damaged property or another specified property in the community free of graffiti for up to one year.

When the defendant is a minor, the order can extend to the minor's parents or guardians. Their participation is not required if the court finds it would 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 graffiti cleanup inappropriate, it "shall consider other types of community service, where feasible."

594(d): parents and a minor's fine

"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."

594(e): what counts as graffiti

"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."

594(f) and (g)

Subdivision (f) says the court may order any person ordered to perform community service or graffiti removal under subdivision (c) to undergo counseling. Subdivision (g) says the section became operative on January 1, 2002.

What the prosecution has to prove

California's official jury instruction for vandalism is CALCRIM No. 2900, "Vandalism (Pen. Code, § 594)," published by the Judicial Council of California (2026 edition). It tells the jury the prosecution must prove that:

1. The defendant maliciously defaced with graffiti or other inscribed material, damaged, or destroyed real or personal property.
2. The defendant did not own the property, or owned it with someone else.

A third element, that "The amount of damage caused by the vandalism was $400 or more," is included in the instruction in brackets, with a note that the bench notes govern when it is given.

The instruction defines malice:

"Someone acts maliciously when he or she intentionally does a wrongful act or when he or she acts with the unlawful intent to annoy or injure someone else."

It repeats the statute's definition of graffiti or other inscribed material.

Penalties under PC 594

Damage of $400 or more

Subdivision (b)(1) reads:

"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."

Because it allows either county jail for up to one year or imprisonment under section 1170(h), vandalism of $400 or more can be handled as a misdemeanor or a felony. Penal Code section 17(b) lists when an either-way offense becomes a misdemeanor for all purposes, such as when the court grants probation and declares it a misdemeanor, or when the prosecutor files it as a misdemeanor and the defendant does not object.

Subdivision (b)(1) does not specify a term for the 1170(h) option. Section 1170(h)(1) supplies one for that situation:

"Except as provided in paragraph (3), a felony punishable pursuant to this subdivision where the term is not specified in the underlying offense shall be punishable by a term of imprisonment in a county jail for 16 months, or two or three years."

Under paragraph (3) of section 1170(h), an executed sentence under that subdivision is served in state prison instead when the defendant has a prior or current serious felony conviction (as described in section 1192.7(c)) or violent felony conviction (as described in section 667.5(c)), has a prior felony conviction in another jurisdiction for an offense with all the elements of one of those felonies, is required to register as a sex offender, or receives an enhancement under section 186.11.

Damage under $400

Subdivision (b)(2)(A) provides "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." There is no section 1170(h) or state prison option. Penal Code section 17(a) says a crime that is not punishable by death, state prison, or county jail under section 1170(h) is a misdemeanor, unless it is an infraction.

Subdivision (b)(2)(B) raises the fine ceiling to $5,000 when the damage is under $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." The jail ceiling stays at one year in county jail.

Any graffiti cleanup or community service order under subdivision (c) is in addition to these penalties.

Related sections

• Penal Code sections 594.3, 594.4, 640.5, 640.6, and 640.7. Named in 594(b)(2)(B) as prior convictions that raise the fine ceiling for damage under $400. This page does not describe them. Section 594.3 official text.
• Government Code section 811.2. Defines "public entity" for the permissive inference in 594(a).
• Penal Code section 17. Felony and misdemeanor definitions and the either-way rules. Official text.
• Penal Code section 1170. Subdivision (h) on county jail felony terms. Official text.

For how California sorts crimes into felonies, misdemeanors, and infractions, see California felony and misdemeanor classes. Other statute explainers are in our statutes library.

Legislative history

The official history note for section 594 reads: "Amended by Stats. 2011, Ch. 15, Sec. 406. (AB 109) Effective April 4, 2011. Operative October 1, 2011," and adds that the section "was amended on March 7, 2000, by initiative Prop. 21." The note does not describe what those amendments changed. The text quoted on this page is the version published on the Legislature's site as of October 20, 2026.

What happens after an arrest for PC 594

A "594" on a jail roster or booking sheet is the arresting agency's charge. The prosecutor reviews the case and decides whether to file a vandalism charge, a different charge, or nothing, and, where the damage is $400 or more, whether to file it as a misdemeanor or a felony. The first court appearance, the arraignment, is where the filed charges are read.

Our California charge code lookup translates other booking codes, and What Happens After You Get Arrested walks through the steps from booking to arraignment.

Disclaimer

This page explains what California Penal Code section 594 and the related sections quoted here say, as published on official state sources and checked on October 20, 2026. It is general legal information, not legal advice, and reading it does not create an attorney-client relationship. The amount of damage and the facts of a case shape what can be charged, so anyone facing a 594 charge should speak with a criminal defense lawyer licensed in California.

Last updated: October 20, 2026.

Frequently Asked Questions

Is vandalism a felony in California?

It can be when the damage is $400 or more. Section 594(b)(1) then allows county jail for up to one year or imprisonment under section 1170(h), along with fine options, so the charge can be handled as a misdemeanor or a felony. When the damage is under $400, section 594(b)(2) provides county jail for up to one year and fines only.

What is the punishment for PC 594 under $400?

Section 594(b)(2)(A) provides imprisonment in a county jail not exceeding one year, a fine of not more than $1,000, or both. Under 594(b)(2)(B), a person previously convicted under section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 faces county jail for up to one year, a fine of up to $5,000, or both.

What counts as graffiti under PC 594?

Section 594(e) says 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.

What does maliciously mean in a vandalism case?

CALCRIM No. 2900 says someone acts maliciously when they intentionally do a wrongful act or act with the unlawful intent to annoy or injure someone else.

Do parents have to pay a minor's vandalism fine in California?

Section 594(d) says that if a minor is personally unable to pay a fine for acts prohibited by section 594, the minor's parent is liable for payment. A court may waive all or part of the parent's payment on a finding of good cause.

Can a court order graffiti cleanup for PC 594?

Yes. For graffiti convictions, section 594(c) says the court shall, when appropriate and feasible, order the defendant to clean up, repair, or replace the damaged property, or order the defendant (and parents or guardians of a minor) to keep the property or another specified property free of graffiti for up to one year. If cleanup is inappropriate, the court shall consider other community service where feasible.