What's happening
This bill expands the crime of making graffiti by creating a new first degree offense for repeat offenders causing over $250 in damages, making it a felony.
Why it matters
Targets repeat offenders. The bill specifically raises consequences for individuals who have already been convicted of graffiti or criminal mischief offenses three or more times within ten years, aiming to deter persistent offenders rather than first-time or occasional violators.
Focuses on significant property damage. The new felony charge only applies if the graffiti causes more than $250 in damage, distinguishing between minor acts of graffiti and more costly vandalism, and potentially leading to harsher penalties for those causing greater harm.
Creates a felony record risk. By introducing a class E felony for certain graffiti offenses, the bill increases the long-term legal and social consequences for repeat offenders, which can affect future employment, housing, and civil rights due to a felony conviction.
Reflects broader policy on property crime. The legislation signals a shift toward treating repeat property damage from graffiti as a serious criminal issue, possibly reflecting community concerns about the impact of vandalism on neighborhoods and local businesses.
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Who cares
Headline styles
Toughen Graffiti Penalties
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Recommit, enacting clause stricken
- 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.
Tougher Penalties for Graffiti
Stricken · Sponsor Michael Simanowitz
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5218
2017-2018 Regular Sessions
IN SENATE
March 16, 2017
Introduced by Sen. STAVISKY -- 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 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03465-01-7
S. 5218 2
defined in section 145.10, criminal mischief in the first degree as defined in section 145.12, making graffiti in the second degree as 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.
Sponsor's memo
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
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
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.