Doesn't egging a car in California constitute vandalism?
Lurker
I'm puzzled by something a Los Angeles Sheriff's Department officer
told me recently, when I tried to report a vandalism case where we had
the purpetrators on tape egging a car. This is not the type of thing
a peaceful citizen should have to endure. Egging a car is surely
vandalism, isn't it?
The responding officer said this act was not illegal because the egg
could simply be washed off. I was very puzzled, and assumed the
officer was being lazy or was misinformed, so I checked the California
Penal Code at http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=pen&codebody=&hits=20.
Here's what I found in section 594:
594. (a) Every person who maliciously commits any of the following
acts with respect to any real or personal property not his or her
own, in cases other than those specified by state law, is guilty of
vandalism:
(1) Defaces with graffiti or other inscribed material.
(2) Damages.
(3) Destroys.
It appears the definition of vandalism isn't as clear cut as one might
imagine, unless I can find a clear legal definition of the word
"Damage" that includes washable substances. I was not able to find
that in the Penal code. Doesn't egg constitute damage? And
therefore, would this be considered vandalism? What about urine,
feces, or even simply mud?
It seems intuitively obvious that it's not legal to throw raw eggs at
someone's car! However, after hours of research on the web, I'm
surprised to find nothing that seems to directly support this! Am I
missing something? (I was looking for something I could print out
from the Penal Code and hand to an officer should the event happen
again.) Unfortunately, I'm not a lawyer, and maybe I'm not looking in
the correct places.
I'm concerned that lack of police enforcement will only encourage this
activity.
Has anyone else run into this? How do people usually go after vandals
like this?
Dan
smoozy
no offense. but in most states egging a car is vandalism. I have heard that
if you do not wash it off immediately then paint damage may occur.
of course what would be wrong with grabbing the little punk, knocking him on
his azz and egging his face?
Lurker
to take any revenge on him, I would be the one in jail. No, people
with jobs, etc. to lose have to rely on the police, especially when
the purpetrator is a racial minority or a minor. I refuse to stoop to
his level.
What I'm looking for is some precedence that shows egging a car does
constitute vandalism or some other infraction. I'm sure someone has
had to deal with this.
I'm still hoping to find that the law is on my side, and people can't
just egg cars and get away with it. This is the type of thing that
tends to escalate if it isn't stopped right away.
Any help would be appreciated.
Well, I just saw Arnold Schwarzenneggar get egged on TV. So, I guess
if he gets elected, he'll do something about this! ;-)
Thanks.
"smoozy" <t...@hoopd.com> wrote in message news:<TEb5b.379$Z5....@bignews2.bellsouth.net>...
Ken [NY)
>What I'm looking for is some precedence that shows egging a car does
>constitute vandalism or some other infraction. I'm sure someone has
>had to deal with this.
If there is no damage, there is no vandalism. If your car gets
egged, be sure to wash it off as soon as possible because it hardens
into something more difficult to remove.
Egging seem to be more popular in California lately as a
political statement. One candidate for governor was egged yesterday at
a rally.
One more observation - what a wonderful country and economy we
have here in the US that people throw food around at each other.
Cheers,
Ken (NY)
Chairman,
Department Of Redundancy Department
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