Court Rules Vandalism in Jail Setting is Different than Vandalism Outside; Be Specific in Your Charges

By: Ray Hill, Professor Emeritus 
Santa Rosa Junior College 

Legal Issue 

A defendant may not be prosecuted for vandalism (594 p.c.) for damaging jail property since a more specific statute covers this act (4600 P.C.) 

Facts: While incarcerated in the Tuolumne County Jail, a defendant hit a cell window with a long broom handle, causing damage from top to bottom. The window required total replacement at a cost of $407.44. She was convicted of both felony vandalism and misdemeanor damaging jail property.  

She appealed on two grounds. First, that she could not be convicted of both crimes, because the damaging jail property (4600 P.C.) was the more applicable section. Second, installation cost ($161.97)) should not be part of the calculation of vandalism. Thus, if the vandalism statute did apply, she only committed a misdemeanor ($245.47) for the actual cost of the window itself. 

Held: 5DCA ruled the felony vandalism count must be reversed because the more specific statute (4600 P.C.) covered the defendant’s conduct. Given the wording of this statute, the legislature intended a defendant’s conduct to be prosecuted when the acts occurred in a jail setting. 4600 P.C. is a misdemeanor no matter what damage occurs. The defendant’s felony conviction was reversed.  

However, the court did rule on the damage calculation for vandalism under 594 P.C. Damage “includes any cost for repairing or replacing the damaged property. This “all inclusive” ruling is similar that what we see with adding sales tax in determining the loss value under grand and petty theft (Peo. v. Seals (2017) 14 Cal. App. 5th 1210). 

Author’s Notes: Hill’s Rule #2 – “The Law is not Always Logical; It Just Is.” It would seem logical that malicious damage to property is damage to property, whether it be government property or the property of another. 

I’ve always taught that total damage for vandalism includes both the cost to replace and install. For example, a broken car windshield – the glass cost and the cost to put it back in to make the car whole. 

The rub ....