Section 2901 | CALCRIM (Jury Instructions)

A.
VANDALISM
2900. Vandalism (Pen. Code, § 594)
The defendant is charged [in Count
] with vandalism [in violation
of Penal Code section 594].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant maliciously (defaced with graffiti or with other
inscribed material[,]/ [or] damaged[,]/ [or] destroyed) (real/ [or]
personal) property;
[AND]
2. The defendant (did not own the property/owned the property
with someone else)(;/.)
<See Bench Notes regarding when to give element 3.>
[AND
3. The amount of damage caused by the vandalism was $400 or
more.]
Someone acts maliciously when he or she intentionally does a wrongful
act or when he or she acts with the unlawful intent to annoy or injure
someone else.
Graffiti or other inscribed material includes an unauthorized inscription,
word, figure, mark, or design that is written, marked, etched, scratched,
drawn, or painted on real or personal property.
New January 2006; Revised June 2007, February 2013, August 2013, September
2019
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
If the defendant is charged with a felony for causing $400 or more in damage and
the court is not instructing on the misdemeanor offense, give element 3. If the court
is instructing on both the felony and the misdemeanor offenses, give CALCRIM No.
2901, Vandalism: Amount of Damage, with this instruction. (Pen. Code,
§ 594(b)(1).) The court should also give CALCRIM No. 2901 if the defendant is
charged with causing more than $10,000 in damage under Penal Code section
594(b)(1).
721