Expands the crime of making graffiti

1 Co-sponsor

• Tony Avella

Title of bill

An act to amend the penal law, in relation to expanding the crime of making graffiti

Summary of specific provisions

Section 145.60 of the penal law, as added by chapter 458 of the laws of 1992 is amended.

Section 145.60 (1): defines making graffiti in the second degree in this section and in section 145.62 of this article.

Section 145.62: expands definition of making graffiti in the first degree

Justification

Graffiti is not a victimless crime. No matter what form it takes, 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 when he or she etches, paints, covers, draws upon or otherwise places a mark upon public or private property with intent to damage such property.

A person is guilty of making graffiti in the first degree when such person damages property of another person in the same manner as described in section 145.60 if within the previous ten year period, such person has been convicted and sentenced for the crime of any of the following: criminal mischief in the fourth degree on three or more occasions, criminal mischief in the third degree, criminal mischief in the second degree, or criminal mischief in the first degree as defined by section 145.62 of this article and damages property of another person in an amount exceeding two hundred fifty dollars.

The a-print of this bill changes the title of the bill and aligns the language of making graffiti with that of criminal mischief.

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.