Graffiti Crimes in New York
Graffiti is the etching, painting, covering, drawing upon or otherwise placing a mark upon public or private property with the conscious objective or purpose of damaging such property. [PL §§ 145.60(1) and 15.05(1)]
A person commits the crime of making graffiti in New York if he or she makes graffiti of any kind on any public or private building without the express permission of the owner or operator of the building. [PL §145.60(2)] A person also commits the crime of making graffiti in New York if he or she makes graffiti on any other real or personal property without the express permission of the owner or operator of the subject property. [PL § 145.60(2)] The crime of making graffiti is a class A misdemeanor in New York. [PL §145.60]
A person commits the crime of possession of graffiti instruments if he or she possesses any tool, instrument, substance, solution, or other compound designed or commonly used to make graffiti under circumstances evincing a conscious objective or purpose to use same to damage property without permission or authority to do so. [PL §§145.65 and 15.05(1)] The crime of possession of graffiti instruments is a class B misdemeanor in New York. [PL § 145.65]
