What's happening
This bill raises the property damage thresholds for criminal mischief in the third and second degrees under New York penal law.
Why it matters
Raises the minimum property damage required for felony charges. By increasing the damage thresholds (from $250 to $1,000 for third degree and from $1,500 to $3,000 for second degree), fewer incidents of property damage will result in felony charges, potentially reducing the number of people facing serious criminal records for lower-level offenses.
Potentially impacts prosecutorial discretion and plea negotiations. Prosecutors may need to pursue lower misdemeanor charges in more cases, which can affect how cases are charged, negotiated, and resolved in court, possibly leading to fewer severe penalties for certain defendants.
Reflects inflation and changing property values. The bill updates thresholds that may be decades old, aiming to ensure that felony charges are reserved for more significant property damage, aligning legal consequences with contemporary economic realities.
Could affect incarceration rates and criminal justice outcomes. By limiting the number of property crimes prosecuted as felonies, the bill may help reduce prison populations and collateral consequences associated with felony convictions, particularly benefiting individuals from communities disproportionately affected by the criminal justice system.
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Who cares
People accused of property damage
The bill would raise the damage threshold for third-degree criminal mischief, a class E felony, from more than $250 to more than $1,000, and for second-degree criminal mischief, a class D felony, from more than $1,500 to more than $3,000.
Prosecutors and criminal defense attorneys
The higher dollar thresholds would change which degree of criminal mischief applies in property-damage cases.
Property owners
The bill would raise the damage amounts required for third- and second-degree criminal mischief charges involving damage to their property.
Owners of locked motor vehicles
The bill would leave unchanged the separate third-degree felony provision for damaging a locked vehicle during a break-in intended to steal property when the accused has the specified prior convictions.
Headline styles
Raise Property Damage Thresholds
Plain English, a few words. Used as the page title.
Sponsors
9 Co-sponsors
History
- Advanced to third reading cal.626
- Reported
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Raise Criminal Mischief Thresholds
In Senate Committee · Codes · Sponsor John A. DeFrancisco
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3253
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
Introduced by M. of A. AUBRY, GOTTFRIED, ZEBROWSKI, COOK, ARROYO, WALK- ER, HOOPER, PICHARDO, RICHARDSON, PALUMBO, GRAF -- Multi-Sponsored by -- M. of A. BLAKE, GLICK, McDONOUGH, PERRY, SIMON -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to criminal mischief in the third degree and criminal mischief in the second degree
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 145.05 of the penal law, as amended by chapter 276 of the laws of 2003, is amended to read as follows: § 145.05 Criminal mischief in the third degree.
A person is guilty of criminal mischief in the third degree when, with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he or she has such right, he or she:
1. damages the motor vehicle of another person, by breaking into such vehicle when it is locked with the intent of stealing property, and 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 this section, criminal mischief in the second degree as defined in section 145.10, or criminal mischief in the first degree as defined in section 145.12 of this article; or
2. damages property of another person in an amount exceeding [two hundred fifty] one thousand dollars.
Criminal mischief in the third degree is a class E felony.
§ 2. Section 145.10 of the penal law, as amended by chapter 961 of the laws of 1971, is amended to read as follows: § 145.10 Criminal mischief in the second degree.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06831-01-7
A. 3253 2
A person is guilty of criminal mischief in the second degree when with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he has such right, he damages property of another person in an amount exceeding [one] three thousand [five hundred] dollars.
Criminal mischief in the second degree is a class D 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.