Increases penalties for the offense of making graffiti

5 Co-sponsors

• Joseph P. Addabbo Jr.
• Ruben Diaz
• Shirley L. Huntley
• Craig M. Johnson
• John L. Sampson

Title of bill

An act to amend the penal law, in relation to increasing penalties for making graffiti

Summary of specific provisions

Section 145.60 of the Penal Law, is amended by adding Section 145.62 to create the category of making graffiti in the second degree a Class A misdemeanor and increases the penalty of making graffiti in the first degree a class E felony.

Purpose

Increases the penalty for making of graffiti.

Justification

Graffiti is not a victimless crime. No matter what form it takes (etching, painting, covering, or drawing), defacing public or private property damages such property and someone must pay for the clean up of such damage. Whether a homeowner, corporation, small business owner or taxpayer, there is a cost associated with graffiti removal and this cost can be substantial.

A person is guilty of making graffiti in the second degree, a class A misdemeanor, when graffiti is made on any type of building, public or private, or any other real or personal property owned by any person, firm or corporation or any public agency or instrumentality without the express permission of the owner or operator of said property. Making graffiti does not require proof of damage, only the intent to deface the property.

A person is guilty of making graffiti in the first degree, a class E felony, when the perpetrator has previously been convicted of a violation of making graffiti in the second degree or when the damages to the property exceed one thousand dollars.

Legislative history

This bill has been previously introduced.

Effective date

This act shall take effect on the first November next succeeding the date on which it shall have become a law.