New York State Vandalism Laws
- Vandalism is the the willful destruction or defacing of property.vandale image by tomdoe5 from Fotolia.com
Vandalism is the the willful destruction or defacing of property. In New York State, it is considered criminal mischief and classified according to degree. Graffiti is also specifically addressed in a similar fashion. The New York State criminal justice system does not assign sentences to classes of crimes but rather ranges that are applied based on the criminal history of the offender. In addition to the state laws, New York City also prohibits graffiti and other defacement of property. - Article 145 of the New York State Penal Code describes four types of criminal mischief. The least serious, fourth degree criminal mischief, consists of intentionally damaging the property of another person or recklessly causing damage to property in an amount exceeding $250. Fourth degree criminal mischief is a Class A misdemeanor.
- Vandalism can be considered third degree criminal mischief if it involves intentional damage to property in excess of $250. As such, it would be a Class E felony. Second degree criminal mischief occurs if damage to property exceeds $1,500, which is a Class D felony. Criminal mischief in the first degree is charged if damage of property occurs by means of an explosive. First degree criminal mischief is a Class B felony.
- Under Title 145 of the New York Penal Code, making graffiti is defined as placing a mark on public or private private property, whether by painting, drawing, etching, or covering, with the intent to damage the property. Such acts are not considered graffiti when performed with the express permission of the property owner. In New York State, graffiti is punishable as a Class A misdemeanor.
