640.5
. (a) (1) Any person who defaces with graffiti or other
inscribed material the interior or exterior of the facilities or
vehicles of a governmental entity, as defined by Section 811.2 of the
Government Code, or the interior or exterior of the facilities or
vehicles of a public transportation system as defined by Section
99211 of the Public Utilities Code, or the interior or exterior of
the facilities of or vehicles operated by entities subsidized by the
Department of Transportation or the interior or exterior of any
leased or rented facilities or vehicles for which any of the above
entities incur costs of less than two hundred fifty dollars ($250)
for cleanup, repair, or replacement is guilty of an infraction,
punishable by a fine not to exceed one thousand dollars ($1,000) and
by a minimum of 48 hours of community service for a total time not to
exceed 200 hours over a period not to exceed 180 days, during a time
other than his or her hours of school attendance or employment. This
subdivision does not preclude application of Section 594.
(2) In lieu of the community service required pursuant to
paragraph (1), the court may, if a 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 a specified property in the community
free of graffiti for 90 days. Participation of a parent or guardian
is not required under this paragraph 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.
(b) (1) If the person has been convicted previously of an
infraction under subdivision (a) or has a prior conviction of Section
594, 594.3, 594.4, 640.6, or 640.7, the offense is a misdemeanor,
punishable by imprisonment in a county jail not to exceed six months,
by a fine not to exceed two thousand dollars ($2,000), or by both
that imprisonment and fine. As a condition of probation, the court
shall order the defendant to perform a minimum of 96 hours of
community service not to exceed 400 hours over a period not to exceed
350 days during a time other than his or her hours of school
attendance or employment.
(2) In lieu of the community service required pursuant to
paragraph (1), the court may, if a 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, as a condition of probation, to keep a
specified property in the community free of graffiti for 180 days.
Participation of a parent or guardian is not required under this
paragraph 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.
(c) (1) Every person who, having been convicted previously under
this section or Section 594, 594.3, 594.4, 640.6, or 640.7, or any
combination of these offenses, on two separate occasions, and having
been incarcerated pursuant to a sentence, a conditional sentence, or
a grant of probation for at least one of the convictions, is
subsequently convicted under this section, shall be punished by
imprisonment in a county jail not to exceed one year, by a fine not
to exceed three thousand dollars ($3,000), or by both that
imprisonment and fine. As a condition of probation, the court may
order the defendant to perform community service not to exceed 600
hours over a period not to exceed 480 days during a time other than
his or her hours of school attendance or employment.
(2) In lieu of the community service that may be ordered pursuant
to paragraph (1), the court may, if a 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, as a condition of probation, to keep a
specified property in the community free of graffiti for 240 days.
Participation of a parent or guardian is not required under this
paragraph 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.
(d) (1) Upon conviction of any person under subdivision (a), the
court, in addition to any punishment imposed pursuant to subdivision
(a), (b), or (c), at the victim's option, may order the defendant to
perform the necessary labor to clean up, repair, or replace the
property damaged by that person.
(2) If a minor is personally unable to pay any fine levied for
violating subdivision (a), (b), or (c), the parent or legal guardian
of the minor shall be liable for payment of the fine. A court may
waive payment of the fine or any part thereof by the parent or legal
guardian upon a finding of good cause.
(e) Any fine levied for a violation of subdivision (a), (b), or
(c) shall be credited by the county treasurer pursuant to Section
1463.29 to the governmental entity having jurisdiction over, or
responsibility for, the facility or vehicle involved, to be used for
removal of the graffiti or other inscribed material or replacement or
repair of the property defaced by the graffiti or other inscribed
material. Before crediting these fines to the appropriate
governmental entity, the county may determine the administrative
costs it has incurred pursuant to this section, and retain an amount
equal to those costs.
Any community service which is required pursuant to subdivision
(a), (b), or (c) of a person under the age of 18 years may be
performed in the presence, and under the direct supervision, of the
person's parent or legal guardian.
(f) As used in this section, the term "graffiti or other inscribed
material" includes any unauthorized inscription, word, figure, mark,
or design that is written, marked, etched, scratched, drawn, or
painted on real or personal property.
(g) The court may order any person ordered to perform community
service or graffiti removal pursuant to subdivision (a), (b), (c), or
(d) to undergo counseling.