Let's review the laws on hurling rocks and missiles at vehicles codified in California Penal Codes 219.1 and 219.2 PC.

It's a crime to throw or hurl rocks, bottles, or other objects at common carrier vehicles like a bus.

California law takes seriously the safety of the transportation of people and goods. For this reason, it is a crime to throw or hurl rocks, bottles, or other objects or missiles at "common carrier" vehicles under PC sections 219.1 and 219.2.

These statutes are designed to protect the safety of individuals and the integrity of transportation systems. If you are convicted under these statutes, you could potentially face several years in prison.

Penal Code 219.1 PC says, "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 wreck 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."

Penal Code 219.2 PC says, "Every person who willfully throws, hurls, or projects a stone or other hard substance, or shoots 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 on this state, is punishable by imprisonment in the county jail not exceeding one year, or in state prison, or by fine not exceeding two thousand dollars ($2,000), or by both such fine and imprisonment."

What Is a Common Carrier?

A common carrier is any form of transportation that provides services to the general public, such as transporting people or goods, for a fee. Examples of common carriers include:

• Buses,
• Trucks,
• Trains, and
• Passenger or freight vessels.

These modes of transportation have to ensure the safety and well-being of their passengers and cargo.

Throwing objects at common carrier vehicles can cause serious harm or damage. A small rock or bottle thrown at high speeds can shatter windows, injure passengers, or disrupt the operation of the vehicle. This not only puts individuals in danger but also poses a threat to other drivers on the road.

Moreover, this type of behavior can also lead to delays and disruptions in transportation services, potentially affecting many people's lives.

For example, suppose someone throws a rock at a bus. In that case, it may cause the driver to lose control and potentially crash, resulting in delays for other commuters and potential injuries. This scenario could have been avoided with more responsible actions.

What Does the Law Say?

PC 219.1 and PC 219.2 collectively address the crime of throwing/hurling objects at common carrier vehicles in various circumstances.

Penal Code 219.1 PC

This statute criminalizes the act of hurling any rock, stone, brick, bottle, piece of wood or metal, or any other missile of any kind or character at any type of common carrier with the intent to wreck the vehicle or cause bodily harm.

The common carrier does not have to be in motion for this statute to apply. This law covers situations where the perpetrator intends to create dangerous conditions that could lead to severe accidents or injuries and where their actions caused the vehicle in question to be wrecked.

Given the seriousness of the intent involved, VC 219.1 is treated as a more severe offense compared to VC 219.2, a distinction that underscores the gravity of the offense and the potential harm it can cause. To convict you under VC 219.1, prosecutors must prove the following:

• You willfully threw, hurled, or projected a rock, bottle, or other object at a common carrier vehicle
• You did so with intent to wreck the vehicle or cause bodily harm
• The act resulted in an accident involving that particular common carrier.

Penal Code 219.2 PC

PC 219.2 is somewhat less severe compared to 219.1 and pertains to the act of willfully throwing or projecting any hard substance, such as a rock, or shooting a missile, such as a pellet, at various types of common carrier vehicles, including trains, buses, and watercraft.

While this offense does not necessarily involve the intent to wreck the vehicle or cause bodily harm, it is still treated seriously because of the potential risk it poses to public safety and the operation of public transport. To convict you under PC 219.2, prosecutors must prove the following:

• You willfully hurled, projected, or threw an object or missile
• The target was a common carrier, such as a bus, train, or freight/passenger vessel

Note that prosecutors do not need to prove intent to cause harm or damage to convict you under PC 219.2, nor does the intended target need to suffer damage as a result. They only need to show that your intentions were willful (i.e., you didn't hurl the item by accident).

What Are Related Laws?

• Vehicle Code 23110 VC - Throwing an Object at a Motor Vehicle. This law makes it a crime to throw any substance at a vehicle (or any occupant in a vehicle) while on a highway. A violation of this law can lead to misdemeanor or felony charges and up to three years in jail or prison.
• Penal Code 246 PC - Shooting at an Inhabited Dwelling or Occupied Vehicle. This law makes it a crime to discharge a firearm at an inhabited dwelling, occupied building, occupied motor vehicle, occupied aircraft, or an inhabited housecar such as an RV or camper. This felony carries a sentence of up to 7 years in state prison, but much longer if a victim is injured or killed.
• Penal Code 26100 PC - Shooting From a Motor Vehicle. This law prohibits either willfully and maliciously discharging a firearm from your vehicle or allowing someone to bring a gun into your vehicle. If convicted, this crime is typically a felony that carries up to seven years in prison. PC 26100 PC is often referred to as the "drive-by shooting" law.

What are the Penalties and Sentencing?

The penalties for violating these statutes vary based on the specifics of the offense and the defendant's criminal history.

• Violating PC 219.1 is a felony. If convicted, you could face 2, 4, or 6 years in state prison.
• Violating PC 219.2 is a misdemeanor. If convicted, you could face up to one year in county jail or state prison, a fine of up to $2,000, or both.

What Are the Common Defenses?

If you're accused of violating Penal Code 219.1 or 219.2, a California criminal defense attorney may employ several defenses to help you counter the charge. Common defenses include, but are not limited to:

• Lack of Intent: For a PC 219.1 charge, one of the most effective defenses is arguing that there was no intent to wreck the vehicle or cause bodily harm. If you can demonstrate that their actions were not aimed at creating serious harm, you may avoid conviction.
• No Willful Action: Both PC 219.1 and PC 219.2 require that the defendant's actions were willful. If the defense can show that the object was not thrown intentionally but rather as an accident, this may negate the required element of willfulness.

For additional information, contact our criminal defense law firm. Eisner Gorin LLP is based in Los Angeles, CA.

Related Content:

• California Penal Codes 219.1 PC
• California Penal Codes 219.2 PC
• California Vehicle Code 23110 VC