Possession of Vandalism Tools
It is a crime in California to possess vandalism tools with the intent
vandalism. Vandalism tools are the instruments used to vandalize someone else's
property. Vandalism is defined as the malicious damaging, destroying,
or defacing of public or private property. Possession of vandalism tools
is a misdemeanor punishable by up to 180 days in county jail and a fine
of up to $1,000, and is prosecuted under California Penal Code section
594.2. Vandalism tools include the following:
- Drill bits
- Glass cutter
- Grinding stone
- Etching tool
- Aerosol container
- Felt tip marker
- Spray paint container
- Other cutting or marking substances coupled with the intent to commit vandalism.
The law defines a "felt tip marker" as any broad tip marker pen
with a tip exceeding 3/8 of one inch in width, or any similar implement
containing an ink that is not water soluble. A "marking substance"
means any substance or implement, other than a felt tip marker or aerosol
paint container, that could be used to draw, spray, paint, etch, or mark.
The possession of any of these types of vandalism tools is not by itself
a crime. It is the possession along with the criminal intent that makes
it a crime.
If you or someone you know is being investigated or charged with possession
of vandalism tools, consult with a Los Angeles criminal defense lawyer
before going to court.