Crimes to Land

Vandalism

Vandalism is defined in California Penal Code Section 594(a) as:

Every person who maliciously commits any of the following acts with respect to any real or personal property that is 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.

California Jury Instructions lists the elements for a vandalism charge.

In order to prove this crime, each of the following elements must be proved:

  1. A person defaced with graffiti or other inscribed material, damaged or destroyed any real or personal property belonging to another person; and
  2. The person acted maliciously in doing so.

The amount of damage to the property determines if the vandalism will be charged as a felony (over $400 in damage) or a misdemeanor.

Trespass

Trespass is the unlawful entry onto property without the permission of the owner. It is also unlawful to loiter in an area specifically posted with a no loitering sign. Both trespass and loitering are misdemeanors.

California Criminal Jury Instruction (CALJIC) 16.350 lists the elements for a trespass charge.

“Every person who enters or remains in any non­commercial dwelling house, apartment, or other residential place without the consent of the owner or his or her agent or person in lawful possession thereof is guilty of a violation of Penal Code Section 602.5 , subdivision (a), a misdemeanor. “

In order to prove this crime, each of the following elements must be proved:

  1. A person willfully entered or remained in a noncommercial dwelling house, apartment or other residential place belonging to another; and
  2. That person entered or remained without the consent of the (owner, etc.).