NY Penal Law

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.
        145.30 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 particpates 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 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 145.14 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 145.30 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.

NY Criminal Procedure

NY Evidence Statute

Federal Rules of Evidence

Supreme Court Decisions

Controlled Substances Act

	
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.




ARTICLE 150
ARSON
Section 150.00 Arson; definitions.
        150.01 Arson in the fifth degree.
        150.05 Arson in the fourth degree.
        150.10 Arson in the third degree.
        150.15 Arson in the second degree.
        150.20 Arson in the first degree.

S 150.00 Arson; definitions.
  As used in this article, 1. "Building", in addition to its ordinary
meaning, includes any structure, vehicle or watercraft used for
overnight lodging of persons, or used by persons for carrying on
business therein.  Where a building consists of two or more units
separately secured or occupied, each unit shall not be deemed a separate
building.
  2. "Motor vehicle", includes every vehicle operated or driven upon a
public highway which is propelled by any power other than muscular
power, except (a) electrically-driven invalid chairs being operated or
driven by an invalid, (b) vehicles which run only upon rails or tracks,
and (c) snowmobiles as defined in article forty-seven of the vehicle and
traffic law.

  S 150.01 Arson in the fifth degree.
  A person is guilty of arson in the fifth degree when he or she
intentionally damages property of another without consent of the owner
by intentionally starting a fire or causing an explosion.
  Arson in the fifth degree is a class A misdemeanor.

S 150.05 Arson in the fourth degree.
  1. A person is guilty of arson in the fourth degree when he recklessly
damages a building or motor vehicle by intentionally starting a fire or
causing an explosion.
  2. In any prosecution under this section, it is an affirmative defense
that no person other than the defendant had a possessory or proprietary
interest in the building or motor vehicle.
  Arson in the fourth degree is a class E felony.

S 150.10 Arson in the third degree.
  1. A person is guilty of arson in the third degree when he
intentionally damages a building or motor vehicle by starting a fire or
causing an explosion.
  2. In any prosecution under this section, it is an affirmative defense
that (a) no person other than the defendant had a possessory or
proprietary interest in the building or motor vehicle, or if other
persons had such interests, all of them consented to the defendant`s
conduct, and (b) the defendant`s sole intent was to destroy or damage
the building or motor vehicle for a lawful and proper purpose, and (c)
the defendant had no reasonable ground to believe that his conduct might
endanger the life or safety of another person or damage another building
or motor vehicle.
  Arson in the third degree is a class C felony.

S 150.15 Arson in the second degree.
  A person is guilty of arson in the second degree when he intentionally
damages a building or motor vehicle by starting a fire, and when (a)
another person who is not a participant in the crime is present in such
building or motor vehicle at the time, and (b) the defendant knows that
fact or the circumstances are such as to render the presence of such a
person therein a reasonable possibility.
  Arson in the second degree is a class B felony.

S 150.20 Arson in the first degree.
  1. A person is guilty of arson in the first degree when he
intentionally damages a building or motor vehicle by causing an
explosion or a fire and when (a) such explosion or fire is caused by an
incendiary device propelled, thrown or placed inside or near such
building or motor vehicle; or when such explosion or fire is caused by
an explosive; or when such explosion or fire either (i) causes serious
physical injury to another person other than a participant, or (ii) the
explosion or fire was caused with the expectation or receipt of
financial advantage or pecuniary profit by the actor; and when (b)
another person who is not a participant in the crime is present in such
building or motor vehicle at the time; and (c) the defendant knows that
fact or the circumstances are such as to render the presence of such
person therein a reasonable possibility.
  2. As used in this section, "incendiary device" means a breakable
container designed to explode or produce uncontained combustion upon
impact, containing flammable liquid and having a wick or a similar
device capable of being ignited.
  Arson in the first degree is a class A-I felony.