NEW YORK STATE LAWS: CRIMINAL MISCHIEF

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Suffolk County Lawyers
CRIMINAL MISCHIEF AND RELATED OFFENSES
Section 145.00 Criminal mischief in the fourth degree - Suffolk County 

 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.
 

Section 145.05 Criminal mischief in the third degree - Suffolk County  

 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, hr 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.
 

Section 145.10 Criminal mischief in the second degree - Suffolk County  

 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.
 

Section 145.12 Criminal mischief in the first degree - Suffolk County  

 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.
 

Section 145.14 Criminal tampering in the third degree - Suffolk County  

 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.
 

Section 145.15 Criminal tampering in the second degree - Suffolk County 

 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.
 

Section 145.20 Criminal tampering in the first degree - Suffolk County  

 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.
 

Section 145.22 Cemetery desecration in the second degree - Suffolk County  

 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.
 

Section 145.23 Cemetery desecration in the first degree - Suffolk County  

 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.
 

Section 145.25 Reckless endangerment of property - Suffolk County  

 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.
 

Section 145.30 Unlawfully posting advertisements - Suffolk County  

 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.
 

Section 145.35 Tampering with a consumer product;  consumer product defined - Suffolk County  

 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.
 

Section 145.40 Tampering with a consumer product in the second degree - Suffolk County 

 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.
 

Section 145.45 Tampering with a consumer product in the first degree - Suffolk County 

 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.
 

Section 145.50 Penalties for littering on railroad tracks and rights-of-way - Suffolk County 

 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.
 

Section 145.60 Making graffiti - Suffolk County 
 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.
 

Section 145.65 Possession of graffiti instruments - Suffolk County 

 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.
 

Section 145.70 Criminal possession of a taximeter accelerating device - Suffolk County 

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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