Taggers in north Orange County caught with the help of a police drone

Taggers in north Orange County have been put on notice that they will be caught – using the very latest in technology.

The Brea Police Department recently used a drone to spot a car full of taggers mid-vandalism.

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The call went out and sure enough a Brea police car caught up with the suspects as they drove off.

Now the suspects have a criminal record!

Thanks to drone technology, crime has fewer places to hide.

In Brea, California, if you are caught by police after being spotted by a police drone for tagging (graffiti), you could face significant penalties under California law, primarily under Penal Code 594 (Vandalism). The specific penalties depend heavily on the value of the damage caused by the graffiti and whether you have prior convictions.

Here’s a breakdown of potential penalties:

1. Vandalism (Penal Code 594):

• Damage Less Than $400 (Misdemeanor):
  • Imprisonment in a county jail for up to one year.
  • A fine of up to $1,000.
  • Both a fine and imprisonment.
  • Community service, which may include cleaning up graffiti.
  • Restitution to the victim for the cost of repairing the damage.
  • Potential driver’s license suspension for up to two years (if 13 years of age or older).
• Damage $400 or More (Wobbler – can be charged as a Misdemeanor or Felony):
  • If charged as a Misdemeanor: Up to one year in county jail and/or a fine of up to $10,000.
  • If charged as a Felony:
    • Imprisonment in state prison for 16 months, two, or three years.
    • A fine of up to $10,000.
    • If the damage exceeds $10,000, the fine can increase to up to $50,000.
    • Both imprisonment and a fine.
    • Community service and restitution as described above.
    • Potential driver’s license suspension.

2. Additional Considerations and Potential Enhancements:

• Prior Convictions: If you have previous vandalism convictions, the penalties for even minor damage can be increased. For example, a second conviction for damage less than $400 could lead to a fine of up to $5,000. For a third conviction, you might face mandatory jail or prison time.
• Property Type: Vandalism to certain types of property, such as public entities (e.g., government vehicles, signs), schools, churches, or cemeteries, can also lead to enhanced penalties.
• Gang Enhancement: If the tagging is found to be for the benefit of a criminal street gang, significant additional prison time (two, three, or four years) can be added to the sentence, and the crime may be considered a “strike” under California’s Three Strikes law.
• Hate Crime: If the vandalism is motivated by hate (e.g., based on race, religion), it can result in additional prison time and fines.
• Possession of Graffiti Tools: It is also illegal to possess certain items like aerosol paint containers, felt-tip markers (with a tip greater than 1/16 inch), or etching tools with the intent to commit graffiti.
• Driving Off / Evading Police: While not directly related to the tagging itself, if you actively evade police while driving off, you could face separate charges for evading a police officer (California Vehicle Code 2800.1, 2800.2, or 2800.3), which can range from a misdemeanor to a felony depending on the circumstances (e.g., reckless driving, injuries caused). Police drones are capable of recording video and providing real-time tracking, which can be used as evidence.

Art Pedroza Editor

Our Editor, Art Pedroza, worked at the O.C. Register and the OC Weekly and studied journalism at CSUF and UCI. He has lived in Santa Ana for over 30 years and has served on several city and county commissions. When he is not writing or editing Pedroza specializes in risk control and occupational safety. He also teaches part time at Cerritos College and CSUF. Pedroza has an MBA from Keller University.

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