1. Aim: How does the NYS Penal Law define Criminal Mischief Offenses?

2. Article 145 Criminal Mischief 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.

3. 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

4.  145.00 Criminal mischief in the fourth degree.  A person is guilty of this when, having no right to do so nor any reasonable ground to believe that he/she has such right; 1. Intentionally damages property of another person; or 2. Intentionally participates in the destruction of an abandoned building; or 3. Recklessly damages property of another person in an amount exceeding $250.00  Class A misdemeanor.

5.  145.05 Criminal mischief in the third degree.  A person is guilty of this when, with intent to damage property of another person, he/she intentionally damages property of another person in an amount exceeding $250.00.  Class E felony.

6.  145.10 Criminal mischief in the second degree.  A person is guilty of this when with intent to damage property of another person, he/she damages property of another person in an amount exceeding $1,500.00  Class D felony.

7.  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, he/she damages property of another person by means of an explosive.  Class B felony.

8.  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.  Class A misdemeanor.

9.  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.  Class B misdemeanor.