What's happening
This bill expands third degree criminal mischief to include damaging specific parts or security devices of a motor vehicle.
Why it matters
Targets vehicle-related crimes more directly. By specifically including damage to locks, alarms, anti-theft devices, airbags, radios, dashboards, steering mechanisms, and ignition systems of motor vehicles, the bill focuses on acts commonly associated with car theft or break-ins, making it easier to prosecute these offenses as felonies.
Increases potential penalties for tampering. Individuals who damage security features or key components of cars—regardless of the overall cost of the damage—could face class E felony charges, which may serve as a stronger deterrent against vehicle tampering and theft.
Addresses modern vehicle theft techniques. The inclusion of electronic homing devices and airbags reflects a response to evolving tactics used by car thieves, ensuring the law keeps pace with contemporary crimes that target both physical and electronic vehicle security systems.
May result in more felony-level prosecutions. By expanding what qualifies as third degree criminal mischief, prosecutors have broader discretion to pursue more serious charges in cases that might not have met the previous monetary damage threshold, potentially leading to greater legal consequences for offenders.
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Who cares
Motor vehicle owners
The bill would make intentional, unauthorized damage to specified vehicle components—including locks, alarms, radios and airbags—third-degree criminal mischief without requiring damage exceeding $250.
District attorneys
The bill would provide a new basis for a class E felony charge for damage to listed vehicle components, without requiring the prior convictions specified in the existing vehicle break-in provision.
Criminal defense attorneys and defendants
People accused of intentionally damaging listed vehicle components without a right or reasonable belief of a right to do so could face a class E felony regardless of the dollar amount of damage.
Headline styles
Tougher Penalties for Car Damage
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5157
2019-2020 Regular Sessions
IN ASSEMBLY
February 7, 2019
Introduced by M. of A. CYMBROWITZ, DenDEKKER -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to the crime of criminal mischief in the third 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 dollars[.]; or
3. damages property of another person consisting of any part of a lock, alarm or security device, anti-theft and recovery device consisting of an electronic homing device, steering mechanism, dashboard, radio, airbag, or ignition system of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law.
Criminal mischief in the third degree is a class E felony.
§ 2. This act shall take effect on the first of January 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.
LBD09353-01-9
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.