If you like to vandalize public property the new era of drone policing is not good news for you.
The Costa Mesa Police Department recently deployed their drone and quickly located three suspects and fresh graffiti on a wall nearby.
As the officers arrived, the suspects tried to get away on two e-bikes as they moved toward the Joann Bike Path.
The officers kept an eye on them and coordinated containment of the three as they approached Placentia Avenue.
Two of the suspects were safely detained and the third fled on foot.
The drone tracked that fleeing suspect and officers took him into custody shortly thereafter.
This was great teamwork by the officers and the park rangers.
Primary Criminal Charges Faced by the Suspects
The legal consequences in California depend heavily on the monetary value of the property damage:
- Vandalism (Penal Code 594):
- Misdemeanor: If the damage is less than $400, they face up to one year in county jail and a fine of up to $1,000.
- Felony (“Wobbler”): If the damage is $400 or more, it can be charged as a felony, carrying up to three years in state prison and fines up to $10,000 (or $50,000 if damage exceeds $10,000).
- Possession of Graffiti Tools (Penal Code 594.2): Being caught with spray cans or other “graffiti instruments” is a misdemeanor punishable by up to six months in jail and a $1,000 fine.
- Resisting or Obstructing an Officer (Penal Code 148): Fleeing from the scene on foot or by bike—as seen with the third suspect tracked by the drone—can lead to a misdemeanor charge of resisting arrest, punishable by up to one year in jail and a $1,000 fine.
Additional Penalties
Beyond jail time and fines, the court may impose the following:
- Restitution: Paying the property owner for the full cost of repair and professional cleaning.
- Community Service: Mandatory graffiti removal or other labor-intensive services.
- License Suspension: For minors or adults, the court may suspend their driver’s license (or delay eligibility) for up to two years.
- Graffiti-Free Probation: A judge may order the defendants to keep the specific property (or their own neighborhood) free of graffiti for one year.
Parental Financial Liability
In California, liability is “imputed” to parents who have custody and control over a minor who commits “willful misconduct” like vandalism:
- Criminal Fines: Under Penal Code § 594, if a minor is unable to pay a court-ordered fine for graffiti, the parent is legally liable for that payment unless they can prove financial hardship.
- Civil Damages Cap: Under Civil Code § 1714.1, parents can be held “jointly and severally liable” for up to $25,000 per incident for property damage caused by their child. This amount is adjusted every two years for inflation and covers repair costs, court fees, and attorney expenses for the victim.
- Abatement Costs: Cities like Costa Mesa can also seek “full cost recovery” from parents for the expenses the city incurred to remove the graffiti, including labor and supplies.
Costa Mesa Specific Penalties
The City of Costa Mesa has specific local ordinances that expand parental accountability:
- Reward Reimbursement: If the city pays a reward to a tipster who helps catch the vandals (which can be up to $2,000), the minor’s parents are liable to reimburse the city for that reward amount.
- Law Enforcement Costs: Parents may be required to pay for the “law enforcement costs” associated with identifying and apprehending the minor.
- Mandatory Participation: In some juvenile cases, a judge may even order the parents to participate in the graffiti removal or community service alongside their child.