New York Penal Law § 145.60: Making Graffiti – What You Need to Know

Ever found yourself admiring those colorful murals splashed across city walls? Or maybe you’ve been tempted to leave your own mark on the urban landscape? Well, HOLD UP a second! Before you grab that spray can, there’s something you absolutely NEED to know about – New York Penal Law § 145.60, aka the “Making Graffiti” law.

At Federal Lawyers, we’ve seen our fair share of graffiti cases, and let us tell you, it’s not just about artistic expression. It’s about LEGAL CONSEQUENCES that could seriously mess up your life. So, let’s break it down, shall we?

What Exactly IS “Making Graffiti” Under New York Law?

Alright, picture this: You’re walking down a dimly lit alley, spray can in hand, heart racing with the thrill of creation (and maybe a little fear of getting caught). You’re about to leave your signature tag on that blank wall. But WAIT! Did you know that simple act could land you in hot water with the law?

New York Penal Law § 145.60 defines “making graffiti” as:

1. The etching, painting, covering, drawing upon or otherwise placing of a mark upon public or private property
2. With the intent to damage such property

Seems pretty straightforward, right? But here’s where it gets tricky. The law doesn’t care if you’re the next Banksy or just a kid with a Sharpie. If you’re marking up property that isn’t yours, without permission, you could be breaking the law.

But What About Street Art? Isn’t That Legal?

Now, we know what you’re thinking. “But what about all those beautiful murals I see around the city? Are those illegal too?” Well, not necessarily. Here’s the key difference:

• Illegal Graffiti: Done without permission, often quickly and in secret
• Legal Street Art: Commissioned or approved by property owners or city officials

So, if you’re dreaming of becoming the next big street artist, DON’T start by tagging random buildings! Instead, look for legal opportunities to showcase your talent. Many cities have designated areas for street art or mural programs. That way, you can express yourself WITHOUT risking a criminal record.

The Legal Consequences: It’s Not Just a Slap on the Wrist

Now, let’s get down to the nitty-gritty. What happens if you get caught making graffiti in New York? Buckle up, because it’s not pretty:

1. Classification: Making graffiti is a Class A Misdemeanor
2. Potential Penalties:
   • Up to 1 year in jail
   • Fines of up to $1,000
   • Community service (often involving graffiti removal)
   • A permanent criminal record (yikes!)

And that’s just for a first offense! Repeat offenders or those causing significant damage could face even harsher penalties.

DEFENSE TEAM SPOTLIGHT

Todd Spodek

Lead Attorney & Founder

Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.

NY Bar Admitted Multi-State Licensed Federal Courts

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Case Study: The $3,000 Tag

Let me tell you about a case we handled recently. Our client, let’s call him “Alex,” thought it would be cool to leave his tag on a storefront in Brooklyn. It took him less than 5 minutes to do it. But those 5 minutes ended up costing him:

Legal Scenario: What Would You Do?

Scenario

Your 19-year-old son was caught spray-painting his tag on the side of a subway station wall by an MTA police officer. He was arrested and charged under New York Penal Law § 145.60 for making graffiti, and you're worried about what this means for his future.

What exactly does a charge under Penal Law § 145.60 mean, and could my son end up with a permanent criminal record over graffiti?

Attorney's Answer

Under New York Penal Law § 145.60, making graffiti is classified as a Class A misdemeanor, which means your son could face up to one year in jail and fines up to $1,000 if convicted. The statute specifically targets anyone who etches, paints, draws on, or otherwise marks property belonging to another person without their permission. However, as a first offense, there are often options we can pursue including an adjournment in contemplation of dismissal (ACD) or community service involving graffiti removal, which could keep this off his record entirely. We would also examine whether proper identification procedures were followed during the arrest and whether the prosecution can prove the element of lack of consent from the property owner.

This is general information only. Contact us for advice specific to your situation.

• $1,000 in fines
• $2,000 in restitution to the store owner
• 100 hours of community service
• A misdemeanor on his record that almost cost him a job opportunity

Was it worth it? Alex would tell you HECK NO!

Beyond Criminal Charges: The Hidden Costs of Graffiti

But wait, there’s more! (And trust us, you DON’T want this bonus content.) Making graffiti can have consequences that go way beyond the courtroom: