In a word, yes. "If it doesn't belong to you and you deface, destroy or damage it without the owner's permission, you have committed the crime of vandalism," says expert Los Angeles criminal defense attorney Stephen Rodriguez. Under California law, vandalism includes defacing property with graffiti, damaging property, or destroying the real or personal property of another. "While subway graffiti art, keying a parked car, or defacing a street sign may seem inconsequential," Rodriguez warns, "these crimes qualify as vandalism by California lawmakers determined to bring an end to vandalism throughout the state."
Even street artists whose graffiti eventually transcends their subway roots to go mainstream are still considered criminals when their art is created on property without the owner's permission. That's the case with Los Angeles street artist Shepard Fairey who was recently arrested in Boston on two counts of vandalism for tagging property with graffiti. Creator of the colorful and hugely popular "Hope" poster of Barack Obama, Fairey has been in Boston for several weeks preparing for his first solo exhibition at the Institute of Contemporary Art. Boston police arrested Fairey on his way to the opening event. He was released on bail several hours later.
The fact that the 38-year-old Fairey is a well-known graffiti artist with a Los Angeles studio whose art is now sought by mainstream collectors doesn't place him above the law. The street artist has been arrested numerous times in Los Angeles and California for drawing on buildings and private property without the owners' permission. California is tough on vandals. Laws protect the rights of property owners; and graffiti, no matter how artistic, defaces and devalues property.
Vandalism includes more than graffiti crimes. Slashing a tire, carving initials into a desk, toppling a headstone, ripping a bus seat, breaking a window, keying a car and other acts are prosecuted as vandalism crimes. In California, vandalism is prosecuted to the full extent of the law as a deterrent, cautions experienced Los Angeles criminal defense attorney Rodriguez.
Penalties for vandalism can be severe and include community service, probation, steep fines, restitution, and even incarceration. When there is minimal damage -- less than $400 -- first time vandalism is usually charged as a misdemeanor. However, vandalism can be charged as a felony and often is when damage exceeds $400 or the defendant has prior convictions. A prior criminal record, gang involvement, and hate crimes can also escalate vandalism from a misdemeanor to a felony. Vandalism fines range from $400 to $5,000 and can result in a one-year suspension of your driver's license.
