Penal Code Sections 219.1 and 219.2 – Throwing Object at Vehicle
California Penal Code sections 219.1 and 219.2 makes it illegal to throw, hurl or project, a rock, stone, brick, bottle, metal object, or any similar kind of object at a vehicle operated by a common carrier, a person or company that transports goods or passengers on regular routes. Such actions are inherently dangerous and can potentially cause an accident or injury. If such an act causes damage to the vehicle and bodily harm, it is considered a felony.Definition and Elements of the Crime
California Penal Code section 219.1 provides that:
“Every person who unlawfully throws hurls or projects at a vehicle operated by a common carrier, while such vehicle is either in motion or stationary, any rock, stone, brick, bottle, piece of wood or metal or any other missile of any kind or character, or does any unlawful act, with the intention of wrecking such vehicle and doing bodily harm, and thus wrecks the same and causes bodily harm, is guilty of a felony and punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, four, or six years.”
To be found guilty of Penal Code section 219.1, a felony, the prosecution must prove beyond a reasonable doubt that:
- The Defendant unlawfully threw, hurled, or projected any rock, stone, brick, bottle, piece of wood/metal, or any other missile of any kind or character at a vehicle.
- The vehicle was operated by a common carrier.
- The vehicle was in motion or stationary.
- The defendant acted with the intention of wrecking the vehicle and causing bodily harm.
- The vehicle was wrecked, and the occupant(s) were injured.
“Every person who willfully throws, hurls, or projects a stone or other hard substance, or shots a missile, at a train, locomotive, railway, car, caboose, cable railway car, street railway car, or bus or at a steam vessel or watercraft used for carrying passengers or freight on any of the waters within or bordering this state, is punishable by imprisonment in the county jail not exceeding one year, or in a state prison, or by a fine not exceeding two thousand dollars ($2,000), or by both such fine and imprisonment.”
To be found guilty of Penal Code section 219.2, the prosecution must prove beyond a reasonable doubt that:
- The Defendant willfully threw, hurled, or projected any stone or other hard substance or missile of any kind at a train, locomotive, railway car, caboose, cable railway car, street railway car, or bus or boat carrying passengers.
- The Defendant indented for the object being thrown to hit the vehicle.
- The vehicle or vessel was within the State of California or bordering the state.
- Vehicle Code section 23110, throwing a substance at a vehicle.
- California Penal Code section 246, shooting at an occupied dwelling or inhabited vehicle.
- California Penal Code section 26100, shooting from a vehicle.
If you or a family member has been accused of violating Penal Code section 219.1 or 219.2, or any other crime in Los Angeles, Orange County, Riverside County, San Bernardino County, or Ventura County, or anywhere in Southern California it is imperative that you hire the best attorney that you can. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Los Angeles Criminal Defense Attorney Michael Kraut knows how to effectively defend clients facing these charges and any misdemeanor or felony charges in California.
For more information about California Penal Code sections 219.1 and 219.2, or any other type of felony or misdemeanor, and to schedule your free consultation, contact attorney Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.