Increases penalties for the offense of making graffiti.
TITLE OF BILL: An act to amend the penal law, in relation to increasing penalties for 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 by adding Section 145.62 to create the category of making graffiti in the second degree a Class A misdemeanor and increases the penalty of making graffiti in the first degree a class E felony.
PURPOSE: Increases the penalty for making of graffiti.
JUSTIFICATION: Graffiti is not a victimless crime. No matter what form it takes (etching, painting, covering, or drawing), 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, a class A misdemeanor, when graffiti is made on any type of building, public or private, or any other real or personal property 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 does not require proof of damage, only the intent to deface the property.
A person is guilty of making graffiti in the first degree, a class E felony, when the perpetrator has previously been convicted of a violation of making graffiti in the second degree or when the damages to the property exceed one thousand dollars,
LEGISLATIVE HISTORY: This bill has been 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.
STATE OF NEW YORK ________________________________________________________________________ 627 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________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 increasing penalties for making graffiti THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, 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: S 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 proper- ty. Making graffiti IN THE SECOND DEGREE is a class A misdemeanor. S 2. The penal law is amended by adding a new section 145.62 to read as follows: S 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. HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF SECTION 145.60 OF THIS ARTICLE; OR 2. DAMAGES PROPERTY IN AN AMOUNT EXCEEDING ONE THOUSAND DOLLARS. MAKING GRAFFITI IN THE FIRST DEGREE IS A CLASS E FELONY. S 3. This act shall take effect on the first of November next succeed- ing 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. LBD03562-01-3