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 dollar amount of property damage required for more serious criminal charges, meaning fewer incidents will qualify as felonies. For third-degree criminal mischief, the threshold increases from $250 to $1,000; for second-degree, from $1,500 to $3,000. This makes it less likely for lower-level property damage cases to result in felony charges.
Could reduce the number of felony prosecutions and the associated long-term consequences for offenders. By narrowing the scope of these felonies, individuals causing lower-value property damage may face less severe charges, potentially reducing incarceration rates and the lifelong impact of felony convictions.
May impact victims and law enforcement by changing which incidents receive more serious legal attention. Property owners whose losses fall below the new thresholds might perceive less accountability or deterrence, while police and prosecutors may need to adjust their charging practices accordingly.
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Who cares
People accused of intentional property damage
The bill would raise the damage threshold for third-degree criminal mischief from more than $250 to more than $1,000 and for second-degree criminal mischief from more than $1,500 to more than $3,000.
District attorneys and defense attorneys
The higher thresholds would change which damage amounts support class E and class D felony charges under these provisions.
Property owners
Damage to their property would have to exceed higher dollar amounts to qualify for these felony charges based on damage value.
Motor vehicle owners
The bill would leave unchanged the separate third-degree felony provision for damaging a locked vehicle while breaking in to steal property when the accused has the specified prior criminal mischief convictions.
Headline styles
Raise Criminal Mischief Thresholds
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 63–0
- Ordered to third reading cal.1471
- Committee discharged and committed to rules
- 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 Property Damage Thresholds
Assembly Floor Calendar · Sponsor Jeffrion Aubry
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4421
2017-2018 Regular Sessions
IN SENATE
February 14, 2017
Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and when printed to be committed 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.
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06831-01-7
S. 4421 2
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.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to criminal mischief in the third degree and criminal mischief in the second degree
Purpose
To raise the monetary damages required for criminal mischief in the third degree.
Summary of provisions
Section 1 - Amends Section 145.05 of the penal law, as amended by chapter 276 of the laws of 2003.
Section 2 - Amends Section 145.10 of the penal law, as amended by chapter 961 of the laws of 1971.
Section 3 - Effective date.
Justification
Historically, the monetary damage thresholds for criminal larceny were linked. The threshold for larceny was raised to account for inflation, but the criminal mischief statute was never amended accordingly. Under current New York law, damaging property in excess of $250 is a felony, while actually stealing the same property is only a misdemeanor. This bill would correct this inequality by adjusting the threshold for criminal mischief in the third degree to the same level as grand larceny.
Legislative history
2015-16 - A.562A/A.7283A; 2013-2014 - S.563; 2011-2012 - S.4641/A.4328; 2009-2010: A.5012
Fiscal implications
None.
Effective date
On the first of November next succeeding the date on which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.