S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5218
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              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 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:
 § 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.
   §  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 succeed-
 ing the date on which it shall have become a law.