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Article 145 - NY Penal Law

CRIMINAL MISCHIEF AND RELATED OFFENSES
145.00 Criminal mischief in the fourth degree. A MISD
145.05 Criminal mischief in the third degree. E FELONY
145.10 Criminal mischief in the second degree. D FELONY
145.12 Criminal mischief in the first degree. B FELONY
145.13 Definitions.
145.14 Criminal tampering in the third degree. B MISD
145.15 Criminal tampering in the second degree. A MISD
145.20 Criminal tampering in the first degree. D FELONY
145.22 Cemetery desecration in the second degree. A MISD
145.23 Cemetery desecration in the first degree. E FELONY
145.25 Reckless endangerment of property. B MISD
145.26 Aggravated Cemetery Desecration in the second degree. E FELONY
145.27 Aggravated Cemetery Desecration in the first degree. D FELONY
145.30 Unlawfully posting advertisements. VIOLATION
145.35 Tampering with a consumer product; consumer product defined.
145.40 Tampering with a consumer product in the second degree. A MISD
145.45 Tampering with a consumer product in the first degree. E FELONY
145.50 Penalties for littering on railroad tracks and rights-of-way. FINE
145.60 Making graffiti. A MISD
145.65 Possession of graffiti instruments. B MISD
145.70 Criminal possession of a taximeter accelerating device. A MISD

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 or
she has such right, he or she:
  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; or
  4.  With  intent  to prevent a person from communicating a request for
emergency assistance, intentionally disables or removes telephonic,  TTY
or  similar  communication  sending  equipment while that person: (a) is
attempting to seek or is engaged in the  process  of  seeking  emergency
assistance  from  police,  law  enforcement,  fire  or emergency medical
services personnel; or (b) is attempting to seek or is  engaged  in  the
process of seeking emergency assistance from another person or entity in
order  to  protect  himself,  herself  or  a  third person from imminent
physical injury. The fact that the defendant has an  ownership  interest
in  such  equipment  shall not be a defense to a charge pursuant to this
subdivision.
  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 or she has  such  right,
he or she:
  1.  damages the motor vehicle of another person, by breaking into such
vehicle when it is locked with the  intent  of  stealing  property,  and
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  this  section,  criminal  mischief  in the second degree as
defined in section 145.10, or criminal mischief in the first  degree  as
defined in section 145.12 of this article; or
  2.  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 145.13 Definitions.
For the purposes of sections 145.00, 145.05, 145.10 and 145.12 of this
article:
  "Property of another" shall include all property in which another
person has an ownership interest, whether or not a  person  who  damages
such  property, or any other person, may also have an interest in such
property.

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 or she tampers or makes connection with property of a
gas,  electric,  sewer,  steam  or water-works corporation, telephone or
telegraph  corporation,  common  carrier,   nuclear   powered   electric
generating  facility,  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 or she has such right,  he  or  she
damages  or  tampers  with  property of a gas, electric, sewer, steam or
water-works corporation,  telephone  or  telegraph  corporation,  common
carrier, nuclear powered electric generating facility, 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:
  (a) 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;
or
  (b)  with  intent  to  steal  personal  property,  he  steals personal
property which is located at a cemetery plot,  grave,  burial  place  or
other place of interment of human remains and which property is owned by
the  person  or  organization  which maintains or owns such place or the
estate, next-of-kin or representatives of the deceased  person  interred
there.
  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) with  intent  to  steal  personal  property,  he  steals  personal
property, the value of which exceeds two hundred fifty dollars, which is
located  at  a  cemetery  plot,  grave,  burial  place or other place of
interment of human remains and which property is owned by the person  or
organization   which  maintains  or  owns  such  place  or  the  estate,
next-of-kin or representatives of the deceased person interred there; or
  (c) 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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