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ARTICLE 145
CRIMINAL MISCHIEF AND RELATED OFFENSES
Section 145.00 Criminal mischief in the fourth degree.
145.05 Criminal mischief in the third degree.
145.10 Criminal mischief in the second degree.
145.12 Criminal mischief in the first degree.
145.14 Criminal tampering in the third degree.
145.15 Criminal tampering in the second degree.
145.20 Criminal tampering in the first degree.
145.22 Cemetery desecration in the second degree.
145.23 Cemetery desecration in the first degree.
145.25 Reckless endangerment of property.
145.26 Aggravated Cemetery Desecration in the second degree.
145.27 Aggravated Cemetery Desecration in the first degree.
145.30 Unlawfully posting advertisements.
145.35 Tampering with a consumer product; consumer product defined.
145.40 Tampering with a consumer product in the second degree.
145.45 Tampering with a consumer product in the first degree.
145.50 Penalties for littering on railroad tracks and rights-of-way.
145.60 Making graffiti.
145.65 Possession of graffiti instruments.
145.70 Criminal possession of a taximeter accelerating device.
S 145.00 Criminal mischief in the fourth degree.
A person is guilty of criminal mischief in the fourth degree when,
having no right to do so nor any reasonable ground to believe that he
has such right, he:
1. Intentionally damages property of another person; or
2. Intentionally participates in the destruction of an abandoned
building as defined in section one thousand nine hundred seventy-one-a
of the real property actions and proceedings law; or
3. Recklessly damages property of another person in an amount
exceeding two hundred fifty dollars.
Criminal mischief in the fourth degree is a class A misdemeanor.
S 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 has such right, he
damages property of another person in an amount exceeding two hundred
fifty dollars.
Criminal mischief in the third degree is a class E felony.
S 145.10 Criminal mischief in the second degree.
A person is guilty of criminal mischief in the second 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 has such right, he
damages property of another person in an amount exceeding one thousand
five hundred dollars.
Criminal mischief in the second degree is a class D felony.
S 145.12 Criminal mischief in the first degree.
A person is guilty of criminal mischief in the first 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 has such right, he
damages property of another person by means of an explosive.
Criminal mischief in the first degree is a class B felony.
S 145.14 Criminal tampering in the third degree.
A person is guilty of criminal tampering in the third degree when,
having no right to do so nor any reasonable ground to believe that he
has such right, he tampers with property of another person with intent
to cause substantial inconvenience to such person or to a third person.
Criminal tampering in the third degree is a class B misdemeanor.
S 145.15 Criminal tampering in the second degree.
A person is guilty of criminal tampering in the second degree when,
having no right to do so nor any reasonable ground to believe that he
has such right, he tampers or makes connection with property of a gas,
electric, sewer, steam or water-works corporation, telephone or
telegraph corporation, common carrier, or public utility operated by a
municipality or district; except that in any prosecution under this
section, it is an affirmative defense that the defendant did not engage
in such conduct for a larcenous or otherwise unlawful or wrongful
purpose.
Criminal tampering in the second degree is a class A misdemeanor.
S 145.20 Criminal tampering in the first degree.
A person is guilty of criminal tampering in the first degree when,
with intent to cause a substantial interruption or impairment of a
service rendered to the public, and having no right to do so nor any
reasonable ground to believe that he has such right, he damages or
tampers with property of a gas, electric, sewer, steam or water-works
corporation, telephone or telegraph corporation, common carrier, or
public utility operated by a municipality or district, and thereby
causes such substantial interruption or impairment of service.
Criminal tampering in the first degree is a class D felony.
S 145.22 Cemetery desecration in the second degree.
A person is guilty of cemetery desecration in the second 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 has such right, he
damages any real or personal property maintained as a cemetery plot,
grave, burial place or other place of interment of human remains.
Cemetery desecration in the second degree is a class A misdemeanor.
S 145.23 Cemetery desecration in the first degree.
A person is guilty of cemetery desecration in the first 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 has such right, he:
(a) damages any real or personal property maintained as a cemetery
plot, grave, burial place or other place of interment of human remains
in an amount exceeding two hundred fifty dollars; or
(b) commits the crime of cemetery desecration in the second degree as
defined in section 145.22 of this article and has been previously
convicted of the crime of cemetery desecration in the second degree
within the preceding five years.
Cemetery desecration in the first degree is a class E felony.
S 145.25 Reckless endangerment of property.
A person is guilty of reckless endangerment of property when he
recklessly engages in conduct which creates a substantial risk of damage
to the property of another person in an amount exceeding two hundred
fifty dollars.
Reckless endangerment of property is a class B misdemeanor.
S 145.26 Aggravated cemetery desecration in the second degree.
A person is guilty of aggravated cemetery desecration in the second
degree when, having no right to do so nor any reasonable ground to
believe that he or she has such right, he or she opens a casket, crypt,
or similar vessel containing a human body or human remains which has
been buried or otherwise interred in a cemetery and unlawfully removes
therefrom a body, bodily part, any human remains or any object contained
in such casket, crypt or similar vessel for the purpose of obtaining
unlawful possession of such body, bodily part, human remains or object
for such person or a third person.
Aggravated cemetery desecration in the second degree is a class E felony.
S 145.27 Aggravated cemetery desecration in the first degree.
A person is guilty of aggravated cemetery desecration in the first
degree when such person commits the crime of aggravated cemetery
desecration in the second degree and has been previously convicted
within the past five years of the crime of cemetery desecration in the
second degree as defined in section 145.22 of this article, cemetery
desecration in the first degree as defined in section 145.23 of this
article or aggravated cemetery desecration in the second degree as
defined in section 145.26 of this article.
Aggravated cemetery desecration in the first degree is a class D felony.
S 145.30 Unlawfully posting advertisements.
1. A person is guilty of unlawfully posting advertisements when,
having no right to do so nor any reasonable ground to believe that he
has such right, he posts, paints or otherwise affixes to the property of
another person any advertisement, poster, notice or other matter
designed to benefit a person other than the owner of the property.
2. Where such matter consists of a commercial advertisement, it shall
be presumed that the vendor of the specified product, service or
entertainment is a person who placed such advertisement or caused it to
be placed upon the property.
Unlawfully posting advertisements is a violation.
S 145.35 Tampering with a consumer product; consumer product defined.
For the purposes of sections 145.40 and 145.45 of this article,
"consumer product" means any drug, food, beverage or thing which is
displayed or offered for sale to the public, for administration into or
ingestion by a human being or for application to any external surface of
a human being.
S 145.40 Tampering with a consumer product in the second degree.
A person is guilty of tampering with a consumer product in the second
degree when, having no right to do so nor any reasonable ground to
believe that he has such right, and with intent to cause physical injury
to another or with intent to instill in another a fear that he will
cause such physical injury, he alters, adulterates or otherwise
contaminates a consumer product.
Tampering with a consumer product in the second degree is a class A misdemeanor.
S 145.45 Tampering with a consumer product in the first degree.
A person is guilty of tampering with a consumer product in the first
degree when, having no right to do so nor any reasonable ground to
believe that he has such right, and with intent to cause physical injury
to another or with intent to instill in another a fear that he will
cause such physical injury, he alters, adulterates or otherwise
contaminates a consumer product and thereby creates a substantial risk
of serious physical injury to one or more persons.
Tampering with a consumer product in the first degree is a class E felony.
S 145.50 Penalties for littering on railroad tracks and rights-of-way.
1. No person shall throw, dump, or cause to be thrown, dumped,
deposited or placed upon any railroad tracks, or within the limits of
the rights-of-way of any railroad, any refuse, trash, garbage, rubbish,
litter or any nauseous or offensive matter.
2. Where a highway or road lies in whole or part within a railroad
rights-of-way, nothing in this section shall be construed as prohibiting
the use in a reasonable manner of ashes, sand, salt or other material
for the purpose of reducing the hazard of, or providing traction on
snow, ice or sleet situated on such highway or road.
3. A violation of the provisions of subdivision one of this section
shall be punishable by a fine not to exceed two hundred fifty dollars
and/or a requirement to perform services for a public or not-for-profit
corporation, association, institution or agency not to exceed eight
hours and for any second or subsequent violation by a fine not to exceed
five hundred dollars and/or a requirement to perform services for a
public or not-for-profit corporation, association, institution or agency
not to exceed eight hours.
4. Nothing in this section shall be deemed to apply to a railroad or
its employees when matter deposited by them on the railroad tracks or
rights-of-way is done pursuant to railroad rules, regulations or
procedures.
S 145.60 Making graffiti.
1. For purposes of this section, 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.
2. No person shall make 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 property.
Making graffiti is a class A misdemeanor.
S 145.65 Possession of graffiti instruments.
A person is guilty of possession of graffiti instruments when he
possesses any tool, instrument, article, substance, solution or other
compound designed or commonly used to etch, paint, cover, draw upon or
otherwise place a mark upon a piece of property which that person has no
permission or authority to etch, paint, cover, draw upon or otherwise
mark, under circumstances evincing an intent to use same in order to
damage such property.
Possession of graffiti instruments is a class B misdemeanor.
S 145.70 Criminal possession of a taximeter accelerating device.
1. For purposes of this section, a "taximeter" means an instrument or
device that automatically calculates and displays the charge to a
passenger in a vehicle that is licensed to transport members of the
public for hire pursuant to local law.
2. For purposes of this section, a "taximeter accelerating device"
means an instrument or device that causes a taximeter to increase the
charge displayed by such taximeter to an amount greater than the maximum
amount permitted by local law.
3. A person is guilty of criminal possession of a taximeter
accelerating device when he knowingly possesses, with intent to use
unlawfully, a taximeter accelerating device. If such a device is
knowingly possessed there is a rebuttable presumption that it is
intended to be used unlawfully.
Criminal possession of a taximeter accelerating device is a class A misdemeanor.
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