Lucy Lee (June 2007)
As many of you may have read on Luke Ford’s site, Asian starlet Lucy Lee recently tangled with the law again and is alleged to be serving time in the California Central Women’s Facility. This prison is located on a gigantic 640 acre parcel of land located off of Highway 99 in between Sacramento and Fresno. According to the grapevine, she was picked up on charges related to vandalism and may have to serve a year (or more) in prison. Many fans expressed surprise that she will likely be gone for substantial amount of time.
In California, Penal Code 594 is the main criminal statute that defines vandalism and set out associated penalties.
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.Whenever a person violates this subdivision with respect to real property, vehicles, signs, fixtures, furnishings, or property belonging to any public entity, as defined by Section 811.2 of the Government Code, or the federal government, it shall be a permissive inference that the person neither owned the property nor had the permission of the owner to deface, damage, or destroy the property.
(b) (1) If the amount of defacement, damage, or destruction is four hundred dollars ($400) or more, vandalism is punishable by imprisonment in the state prison or in a county jail not exceeding one year, or by a fine of not more than ten thousand dollars ($10,000), or if the amount of defacement, damage, or destruction is ten thousand dollars ($10,000) or more, by a fine of not more than fifty thousand dollars ($50,000), or by both that fine and imprisonment.
(2) (A) If the amount of defacement, damage, or destruction is less than four hundred dollars ($400), vandalism is punishable by imprisonment in a county jail not exceeding one year, or by a fine of
not more than one thousand dollars ($1,000), or by both that fine and imprisonment.(B) If the amount of defacement, damage, or destruction is less than four hundred dollars ($400), and the defendant has been previously convicted of vandalism or affixing graffiti or other inscribed material under Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7, vandalism is punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than five thousand dollars ($5,000), or by both that fine and imprisonment.
(c) Upon conviction of any person under this section for acts of vandalism consisting of defacing property with graffiti or other inscribed materials, the court may, in addition to any punishment imposed under subdivision (b), order the defendant to clean up, repair, or replace the damaged property himself or herself, or order the defendant, and his or her parents or guardians if the defendant is a minor, to keep the damaged property or another specified property in the community free of graffiti for up to one year.
Participation of a parent or guardian is not required under this subdivision if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who
must care for young children.(d) If a minor is personally unable to pay a fine levied for acts prohibited by this section, the parent of that minor shall be liable for payment of the fine. A court may waive payment of the fine, or any part thereof, by the parent upon a finding of good cause.
(e) As used in this section, the term “graffiti or other inscribed material” includes any unauthorized inscription, word, figure, mark, or design, that is written, marked, etched, scratched, drawn, or
painted on real or personal property.(f) The court may order any person ordered to perform community service or graffiti removal pursuant to paragraph (1) of subdivision (c) to undergo counseling.
(g) This section shall become operative on January 1, 2002.
There are quite a few other statutes that also deal with vandalism. Examples include: possession of vandalism Tools (594.2), vandalism to a church or synagogue (594.3), vandalism to government facilities or vehicles (640.5), vandalism on or near a freeway (640.7 & 640.8).
As you can see, this is a rather broad definition that would apply to many different situations. Vandalism can apply to real or personal property, whether private or public. Some common examples of vandalism include graffiti or “tagging”, damaging someone’s car (slashing the tires, “keying” — i.e. scratching the finish with your key, breaking the antenna or emblem), slashing a bus seat or damaging a park bench, toppling a headstone in a cemetery, carving initials onto a school desk or bashing someone’s mailbox.
A vandalism charge can be elevated to a felony charge when a person has a prior criminal record under this section, the vandalism was gang related, or it falls into the category of a hate crime. In addition, if the gang enhancement applies, it will count as a “strike” under California’s three strike laws.
In Lucy’s case, the circumstances surrounding her vandalism charge are presently unknown, but it seems quite likely she was still on probation from prior criminal convictions. As a condition of parole, a criminal must agree to follow all laws. Parole violations of this nature will result in a fast track back to prison. Also, it is notable that Los Angeles and Orange County have made it a priority to prosecute vandals aggressively, though initiatives such as “zero tolerance” Graffiti Abatement Programs.
If you are facing vandalism charges in California, it is important that you consult with an attorney at the earliest opportunity.
While visiting the U.S. Patent and Trademark website, I noticed an upcoming seminar that may be of interest to adult industry producers. As most of you are aware, counterfeit DVDs and other forms of content piracy continues to be an gigantic ongoing problem that seriously affects the bottom line.
The USPTO and the U.S. Chamber of Commerce are joining forces to present a free one-day in the Los Angeles area on Tuesday, August 21st that will highlight the growing threats of counterfeiting and piracy, while providing practical information on how businesses can protect their own intellectual property rights both in the United States and overseas. Featured speakers will include experts from the USPTO and U.S. Chamber; local industry representatives; and local, state and federal government officials. There is no cost to attend these seminars, but registration is required. Lunch will be provided.
This seminar is part of the U.S. Chamber of Commerce’s “Piracy Awareness Week” and other interesting seminars are scheduled during the week of August 20th in the Los Angeles area. Click here for more information on this free event.
If you are an adult industry producer, I can help protect your valuable intellectual property. Please feel free to contact me regarding any copyright and trademark issues you may have.
– Snowman
P.S. — If you happen to be in Vermont, there is similar seminar scheduled for this Friday (August 17th). U.S. Senator Pat Leahy is scheduled to be one of the featured speakers.
