What's happening
This bill creates a new felony offense for making graffiti to promote or encourage gang-related activities, increasing penalties for such acts.
Why it matters
Targets gang-related property crimes. By specifically creating a felony offense for graffiti intended to promote or encourage gang activities, the bill aims to address concerns about gangs marking territory, recruiting, or sending messages through public vandalism, which can contribute to neighborhood intimidation and crime.
Increases legal consequences. Elevating certain graffiti acts from a misdemeanor to a felony (class E) substantially raises the potential penalties—meaning longer prison sentences and more significant criminal records for offenders, which could deter gang-affiliated graffiti.
Raises issues around enforcement and intent. Law enforcement and courts will need to determine when graffiti is meant to "promote or encourage gang related activities," potentially requiring more investigative resources and raising questions about how intent is proven in court.
Potential impacts on youth and marginalized communities. Because graffiti is often associated with young people and urban areas, the harsher felony penalties could have broader social implications, including increased incarceration rates in communities already impacted by gang activity and debates over whether punitive approaches are effective or fair.
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Who cares
Property owners and operators
The bill would make graffiti that damages another person's property to promote or encourage gang-related activities a class E felony.
Prosecutors and law enforcement agencies
The bill would create a first-degree graffiti offense for gang-promoting graffiti while retaining other unauthorized graffiti as a class A misdemeanor.
People accused of gang-related graffiti and defense attorneys
They would face a new felony charge requiring proof that the graffiti promoted or encouraged gang-related activities.
Headline styles
Felony for Gang-Related Graffiti
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
525
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
Introduced by M. of A. GUNTHER, GALEF, SCHIMMINGER, ABBATE, HOOPER, RAIA, LUPINACCI, PALUMBO -- Multi-Sponsored by -- M. of A. FINCH, MAGEE, McDONOUGH, McKEVITT, RIVERA, THIELE, TITONE -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to imposing penalties for making graffiti in a manner to promote or encourage gang related activities
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.
[2. No person shall make] A person is guilty of making graffiti in the second degree when he or she 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 makes graffiti in a manner to promote or encourage gang related activities.
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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02891-01-7
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.