594.1
. (a) (1) It shall be unlawful for any person, firm, or
corporation, except a parent or legal guardian, to sell or give or in
any way furnish to another person, who is in fact under the age of
18 years, any etching cream or aerosol container of paint that is
capable of defacing property without first obtaining bona fide
evidence of majority and identity.
(2) For purposes of this section, "etching cream" means any
caustic cream, gel, liquid, or solution capable, by means of a
chemical action, of defacing, damaging, or destroying hard surfaces
in a manner similar to acid.
(3) For purposes of this subdivision, "bona fide evidence of
majority and identity" is any document evidencing the age and
identity of an individual which has been issued by a federal, state,
or local governmental entity, and includes, but is not limited to, a
motor vehicle operator's license, a registration certificate issued
under the federal Selective Service Act, or an identification card
issued to a member of the armed forces.
(4) This subdivision shall not apply to the furnishing of six
ounces or less of etching cream or an aerosol container of paint to a
minor for the minor's use or possession under the supervision of the
minor's parent, guardian, instructor, or employer.
(5) Etching cream, aerosol containers of paint, or related
substances may be furnished for use in school-related activities that
are part of the instructional program when used under controlled and
supervised situations within the classroom or on the site of a
supervised project. These containers may not leave the supervised
site and shall be inventoried by the instructor. This use shall
comply with Section 32060 of the Education Code regarding the safe
use of toxic art supplies in schools.
(b) It shall be unlawful for any person under the age of 18 years
to purchase etching cream or an aerosol container of paint that is
capable of defacing property.
(c) Every retailer selling or offering for sale in this state
etching cream or aerosol containers of paint capable of defacing
property shall post in a conspicuous place a sign in letters at least
three-eighths of an inch high stating: "Any person who maliciously
defaces real or personal property with etching cream or paint is
guilty of vandalism which is punishable by a fine, imprisonment, or
both."
(d) It is unlawful for any person to carry on his or her person
and in plain view to the public etching cream or an aerosol container
of paint while in any posted public facility, park, playground,
swimming pool, beach, or recreational area, other than a highway,
street, alley, or way, unless he or she has first received valid
authorization from the governmental entity which has jurisdiction
over the public area.
As used in this subdivision, "posted" means a sign placed in a
reasonable location or locations stating it is a misdemeanor to
possess etching cream or a spray can of paint in that public
facility, park, playground, swimming pool, beach, or recreational
area without valid authorization.
(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.
(2) As a condition of probation for any violation of this
subdivision, the court may order a defendant convicted of a violation
of this subdivision to perform community service as follows:
(A) For a first conviction under this subdivision, community
service not to exceed 100 hours over a period not to exceed 90 days
during a time other than his or her hours of school attendance or
employment.
(B) If the person has a prior conviction under this subdivision,
community service not to exceed 200 hours over a period of 180 days
during a time other than his or her hours of school attendance or
employment.
(C) If the person has two prior convictions under this
subdivision, community service not to exceed 300 hours over a period
not to exceed 240 days during a time other than his or her hours of
school attendance or employment.
(f) Violation of any provision of this section is a misdemeanor.
Upon conviction of any person under this section, the court may, in
addition to any other punishment imposed, if the jurisdiction has
adopted a graffiti abatement program as defined in subdivision (f) of
Section 594, order the defendant, and his or her parents or
guardians if the defendant is a minor, to keep the damaged property
or another specified property in the community free of graffiti, as
follows:
(1) For a first conviction under this section, for 90 days.
(2) If the defendant has a prior conviction under this section,
for 180 days.
(3) If the defendant has two or more prior convictions under this
section, for 240 days.
Participation of a parent or guardian is not required under this
subdivision if the court deems this participation to be detrimental
to the defendant, or if the parent or guardian is a single parent who
must care for young children.
(g) The court may order any person ordered to perform community
service or graffiti removal pursuant to subdivision (e) or (f) to
undergo counseling.