2901. Vandalism: Amount of Damage

If you find the defendant guilty of vandalism [in Count[s] ], you must then decide whether the People have proved that the amount of damage caused by the vandalism [(in each count/in Count[s] )] was $400 or more. [If you decide that the amount of damage was $400 or more, you must then decide whether the People have proved that the damage [(in each count/in Count[s] )] was also $10,000 or more.]

The People have the burden of proving this allegation beyond a reasonable doubt. If the People have not met this burden, you must find that this allegation has not been proved.

Bench Notes

Instructional Duty

The court has a sua sponte duty to instruct on these sentencing factors.

This instruction must be given with CALCRIM No. 2900, Vandalism.

The court must provide the jury with a verdict form on which the jury will indicate if the prosecution has or has not been proved that the damage was $400 or more and, if appropriate, $10,000 or more.

Authority

Elements. Pen. Code, § 594(b)(1).

Secondary Sources

2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against Property, §§ 243-245.

Related Issues

Damage Cannot Be Aggregated

The prosecution cannot charge a felony for vandalism based on the aggregate damage done to property owned by multiple victims. (In re

David (1997) 52 Cal.App.4th 304, 310-311 [60 Cal.Rptr.2d 552].)

(New January 2006)