new york penal law 145 65 possession of graffiti instruments

Being accused of possessing graffiti instruments under New York Penal Law 145.65 can lead to fines, probation, and even jail time if convicted. But an experienced criminal defense lawyer can often get the charges reduced or dismissed.

Read on to understand this graffiti law, potential defenses, and how the right attorney can help protect your record and rights.

What is NY Penal Law 145.65 – Possession of Graffiti Instruments?

Under Penal Law 145.65, a person commits possession of graffiti instruments when they possess any tool, instrument, or substance designed to etch, paint, cover, draw upon or otherwise place a mark on public or private property without permission according to NY criminal defense lawyers [1].

This includes:

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Legal Scenario: What Would You Do?

Scenario

You're a 19-year-old art student riding the subway home after class when police stop you for a random bag check and find spray paint cans, wide-tipped markers, and etching tools in your backpack. The officers charge you under New York Penal Law 145.65 for possession of graffiti instruments, even though you use them for legitimate coursework and canvas art.

Can I really be charged just for carrying art supplies, and what can a lawyer do to fight this?

Attorney's Answer

Under NY Penal Law 145.65, possession of graffiti instruments is a Class B misdemeanor carrying up to 90 days in jail and a $500 fine, but the prosecution must prove you intended to use those instruments to damage property — mere possession alone is not enough. A strong defense centers on demonstrating legitimate purpose, such as your enrollment in art courses, photos of your canvas work, and receipts from art supply stores. We can also challenge whether police had reasonable suspicion for the stop and search in the first place, which could result in suppression of the evidence. In many cases like yours, we negotiate for an adjournment in contemplation of dismissal (ACD), meaning the charge is sealed and dismissed entirely after six months with no further incidents.

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

• Spray paint
• Markers
• Paint pens
• Etching tools
• Paint solvents

The key is possessing instruments commonly used for graffiti with intent to use them illegally. Simply buying art supplies is not criminal.

Penalties for Possessing Graffiti Instruments in New York