• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

graffitti x 2, ca

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

dj2012

Junior Member
What is the name of your state (only U.S. law)? ca

i got caught by a cop doing some graffitti art on a wall - i got caught about 9 or 10 mths ago 2. The thing says PC 594 a/2, 594.1 e (and its got 3 colors wriiten after it - does that mean its 3 charges?), 594.3 a.
i got caught wth 3 spray cans, i wasn't doing tagging or gang stuff.
is it going 2 b much worse cos its the 2nd time? last time i had to do some cleaning and pay a fine. can they put me on probation or send me to juvie 4 this?
 


CdwJava

Senior Member
i got caught by a cop doing some graffitti art on a wall
Translated: "The police caught me intentionally causing damage to the private property of another."

We call that "vandalism" and not "art."

i got caught about 9 or 10 mths ago 2.
By the numeral "2" do you really mean the word, "too?"

The thing says PC 594 a/2, 594.1 e (and its got 3 colors wriiten after it - does that mean its 3 charges?), 594.3 a.
I have no idea what the colors might mean.

Here are the offenses:

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.​
So, you are accused of damaging property.

594.1.
(e) (1) It is unlawful for any person under the age of 18 years to
possess etching cream or an aerosol container of paint for the
purpose of defacing property while on any public highway, street,
alley, or way, or other public place, regardless of whether that
person is or is not in any automobile, vehicle, or other conveyance.​
So, you are under 18 and were in possession of graffiti tools.

594.3. (a) Any person who knowingly commits any act of vandalism to
a church, synagogue, mosque, temple, building owned and occupied by
a religious educational institution, or other place primarily used as
a place of worship where religious services are regularly conducted
or a cemetery is guilty of a crime punishable by imprisonment in a
county jail for not exceeding one year or imprisonment pursuant to
subdivision (h) of Section 1170.​
You were tagging A CHURCH or cemetery?!? It's bad enough to be tagging ANY property, but a church or other religious institution?

Oh, and as a note, depending on what you write it might be a hate crime ... and, if you are part of a crew, this can be charged as a gang-related crime per 186.22 and add a sentencing enhancement ... and if you worked with anyone to get the materials, transport, or planned to commit the act that's conspiracy (which can be charged as a felony even if the underlying offense is a misdemeanor).

i got caught wth 3 spray cans, i wasn't doing tagging or gang stuff.
"Graffiti art" ... okay, you don't like to call it "tagging," how about "damage" or just "vandalism?"

is it going 2 b much worse cos its the 2nd time? last time i had to do some cleaning and pay a fine. can they put me on probation or send me to juvie 4 this?
If they don't, they should. You can bet that the court is not going to give you the same lenient sentence they did last time! And you can probably expect to pay a lot more in fines and community service, and suffer probation conditions that will allow the police to stop and search you at most any time, and even come into your home to check you out.

Hopefully you will also be forced to clean up a lot of other people's "art."

Oh, and they CAN charge this second offense as a FELONY if you were actually convicted of (had a true finding in juvenile court) of the first offense and it was not disposed of through diversion or some other informal action.
 

dj2012

Junior Member
We call that "vandalism" and not "art."
then u should look closer.

I have no idea what the colors might mean.
i mean he wrote the 3 colors i had. he wrote that one charge number once, then put what i had after - so i was wondering, is tht just 1 charge?

Here are the offenses:

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.​

So, you are accused of damaging property.
Damaging? I didn't "damage" it.

594.3. (a) Any person who knowingly commits any act of vandalism to
a church, synagogue, mosque, temple, building owned and occupied by
a religious educational institution, or other place primarily used as
a place of worship where religious services are regularly conducted
or a cemetery is guilty of a crime punishable by imprisonment in a
county jail for not exceeding one year or imprisonment pursuant to
subdivision (h) of Section 1170.​
You were tagging A CHURCH or cemetery?!? It's bad enough to be tagging ANY property, but a church or other religious institution?
Its about that? No. Not "knowingly" anyway. it was just a back wall down an alley. the cop said it was owned by some relgious group but it wasn't like a church or anything. i didn't know tht bit matters. its not like the bit i went to is obviously connected to a religious group. u got to go to jail for that? i didn't do that on purpose.

Oh, and as a note, depending on what you write it might be a hate crime ... and, if you are part of a crew, this can be charged as a gang-related crime per 186.22 and add a sentencing enhancement ... and if you worked with anyone to get the materials, transport, or planned to commit the act that's conspiracy (which can be charged as a felony even if the underlying offense is a misdemeanor).
I just do street art man. The cop liked it just not where it was...

"Graffiti art" ... okay, you don't like to call it "tagging," how about "damage" or just "vandalism?"
your a cop but u don't know what tagging is?

And you can probably expect to pay a lot more in fines and community service, and suffer probation conditions that will allow the police to stop and search you at most any time, and even come into your home to check you out.
i should expect probation? dam. like for how long could i get it? i don't mind cleaning up other peoples "art" - esp if its tagging.

Oh, and they CAN charge this second offense as a FELONY if you were actually convicted of (had a true finding in juvenile court) of the first offense and it was not disposed of through diversion or some other informal action.
it was informal.

really? it can be a felony?
 
Last edited:

stealth2

Under the Radar Member
then u should look closer.



i mean he wrote the 3 colors i had. he wrote that one charge number once, then put what i had after - so i was wondering, is tht just 1 charge?



Damaging? I didn't "damage" it.



Its about that? No. Not "knowingly" anyway. it was just a back wall down an alley. the cop said it was owned by some relgious group but it wasn't like a church or anything. i didn't know tht bit matters. its not like the bit i went to is obviously connected to a religious group. u got to go to jail for that? i didn't do that on purpose.



I just do street art man. The cop liked it just not where it was...



your a cop but u don't know what tagging is?



i should expect probation? dam. like for how long could i get it? i don't mind cleaning up other peoples "art" - esp if its tagging.



it was informal.

really? it can be a felony?
You really don't consider your decision to randomly spray paint on someone else's property to be damaging it? Did they give you permission to "beautify" their property with your so-called "art"? If you want to create "art", buy the surface you choose to paint on. Or expect to be prosecuted for vandalism. Because that's what you're doing.
 

CdwJava

Senior Member
An artist gets permission to utilize the surface or purchases his own canvas. You did neither. You sought to utilize someone else's property as the canvas for your work regardless of whether or not they wanted your "art." That seems the height of arrogance to me.

Whether you want to agree or not, you did damage to someone else's property. That's vandalism. With any luck, you will pay a steep price for your crime.

Do you have any idea of the costs to clean up "street art?" I recall a small business owner who was forced to sell his property because the monthly cleanup from people like you cost so much that it rendered the property unprofitable. Your actions have real consequences to others. Maybe one day, when you're grown up and actually have responsibilities, you will come to understand this.
 

stealth2

Under the Radar Member
My town recently passed an ordinance requiring property owners to remove "street art" within 48 hours, or face some hefty fees for every day past the deadline. Given how tough a lot of these punks can be to find, that puts a pretty huge burden on small business owners.
 

CdwJava

Senior Member
My town recently passed an ordinance requiring property owners to remove "street art" within 48 hours, or face some hefty fees for every day past the deadline. Given how tough a lot of these punks can be to find, that puts a pretty huge burden on small business owners.
That was exactly what happened in my former city. It was a heck of a burden on business owners. And, sadly, at the time theft turned into a felony at $400 but vandalism was a misdemeanor until it reached $5,000! Today, theft is a felony at $950 (jumped from $400 last year) and vandalism a felony at $400, but I suspect that vandalism will likely be bumped to match theft soon enough.

In my city we haven't any such ordinance so this junk just stays until the property owner decides they want to remove it ... in the case of tagging and gang graffiti it simple invites more.
 

Eekamouse

Senior Member
OP is a real jerk to consider what he does to be a form of art. It's vandalism and it's ugly and it makes neighborhoods look like ghettos. The little punk should get jail tome, expensive fines, and be made to clean it off.
 

Ladyback1

Senior Member
What is the name of your state (only U.S. law)? ca

i got caught by a cop doing some graffitti art on a wall - i got caught about 9 or 10 mths ago 2. The thing says PC 594 a/2, 594.1 e (and its got 3 colors wriiten after it - does that mean its 3 charges?), 594.3 a.
i got caught wth 3 spray cans, i wasn't doing tagging or gang stuff.
is it going 2 b much worse cos its the 2nd time? last time i had to do some cleaning and pay a fine. can they put me on probation or send me to juvie 4 this?


you don't consider what you do as defacing or damaging? How's about I come into where you live, while you aren't there, and tag your walls with what I call art?

You don't respect others, or their property! Get some respect...not only for others, but for yourself.
For the love of all that is HOLY! Try using complete sentences/proper grammar and not text speak.....
 

Proserpina

Senior Member
you don't consider what you do as defacing or damaging? How's about I come into where you live, while you aren't there, and tag your walls with what I call art?

You don't respect others, or their property! Get some respect...not only for others, but for yourself.
For the love of all that is HOLY! Try using complete sentences/proper grammar and not text speak.....


Co-sign, please!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top