What's happening
This bill creates a new felony for repeat offenders who commit graffiti causing over $250 in property damage within ten years.
Why it matters
Targets repeat offenders. This bill specifically increases penalties for individuals who have been convicted of graffiti-related or criminal mischief offenses at least three times in the past ten years, signaling a focus on chronic, repeat offenders rather than first-time or incidental offenders.
Raises the legal stakes. By creating a new class E felony for making graffiti in the first degree when property damage exceeds $250, the bill elevates the seriousness of repeat graffiti vandalism, potentially resulting in longer prison sentences and more severe criminal records for those convicted.
Aims to deter high-cost vandalism. The law draws a clear line at $250 in property damage, aiming to deter larger-scale or more damaging acts of graffiti that have substantial financial impacts on property owners, businesses, or public entities.
Could impact law enforcement and judicial practices. The new felony classification could change how police, prosecutors, and courts prioritize and handle graffiti cases, possibly leading to increased enforcement efforts and resource allocation to target repeat offenders.
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Who cares
Headline styles
Toughen Graffiti Penalties
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
10562
IN ASSEMBLY
May 7, 2018
Introduced by M. of A. D. ROSENTHAL, M. G. MILLER -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to expanding the crime of making graffiti
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 145.60 of the penal law, as added by chapter 458 of the laws of 1992, is amended to read as follows: § 145.60 Making graffiti in the second degree.
[1.] For purposes of this section and section 145.62 of this article, the term "graffiti" shall mean the etching, painting, covering, drawing upon or otherwise placing of a mark upon public or private property with intent to damage such property. A person is guilty of making graffiti in the second degree when he or she:
[2. No person shall make] makes graffiti of any type on any building, public or private, or any other property real or personal 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 in the second degree is a class A misdemeanor.
§ 2. The penal law is amended by adding a new section 145.62 to read as follows: § 145.62 Making graffiti in the first degree.
A person is guilty of making graffiti in the first degree when such person damages property of another person in the manner described in section 145.60 of this article and he or she:
1. within the previous ten year period, has been convicted three or more times, in separate criminal transactions for which sentence was imposed on separate occasions, of criminal mischief in the fourth degree as defined in section 145.00, criminal mischief in the third degree as defined in section 145.05, criminal mischief in the second degree as defined in section 145.10, criminal mischief in the first degree as defined in section 145.12, making graffiti in the second degree as
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03465-01-7
A. 10562 2
defined in section 145.60, or making graffiti in the first degree as defined in section 145.62 of this article; and
2. damages property of another person in an amount exceeding two hundred fifty dollars.
Making graffiti in the first degree is a class E felony.
§ 3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.