When Does Graffiti Become a Crime in New York City? Penalties

When Does Graffiti Become a Crime in New York City? Penalties

Graffiti art has a complex history in New York City. Once considered solely as vandalism, graffiti began to gain recognition as a legitimate art form in the late 20th century. However, graffiti done without permission is still considered a crime in New York. So when does graffiti become a criminal offense?

Laws Regarding Graffiti in New York City

New York has several laws at both the state and city level that prohibit unauthorized graffiti:

• New York State Penal Code 145.60 makes it a class A misdemeanor to make graffiti on any public or private property without the owner’s consent. Fines can be up to $1,000 and jail time up to 1 year.
• New York City Administrative Code 10-117 prohibits unauthorized painting or drawing on both public and private property. This includes spray painting, using markers, scratching glass, applying unauthorized stickers or posters, etc. Fines under this code can be up to $150 per offense.
• The NYC Transit Authority also has rules prohibiting graffiti on subways or buses. Offenders can be banned from the transit system and face fines of $100 or more.

So in short, any unauthorized writing, scratching, spraying, tagging or drawing on someone else’s property is considered vandalism and can result in fines or arrest in New York City. Even public property like highways, bridges or sidewalks require permission.

Penalties for Graffiti Crimes

The penalties for graffiti crimes in NYC depend on a few key factors:

1. Location of the Graffiti

• Public Property: Graffiti on public property like highways, trains, buses or government buildings is generally considered more severe with harsher fines and penalties. For example, the NYC transit system can issue fines up to $500 and ban offenders from using public transit.
• Private Property: Graffiti on private property is still illegal, but penalties may be lower than public locations, especially for minor first-time offenses. Much depends on whether the property owner decides to press charges.

2. Extent of Damage

More extensive graffiti that causes major damage or is difficult to remove can result in felony charges and jail time:

• Misdemeanor: Small tags or drawings that cause less than $250 in damage are usually a misdemeanor. Fines up to $1,000 and up to 1 year in jail are possible.
• Felony: Larger murals, extensive tagging across multiple properties, or damage exceeding $250 value often leads to felony vandalism charges. Jail time can extend to 4 years for a felony.

3. Offender’s Age

• Adults: Adults age 18+ face the full fines and jail times outlined by NYC graffiti laws.
• Minors: Those under 18 may be eligible for alternative penalties like community service, counseling or diversion programs instead of fines or jail, especially for first-time offenses.

Defenses Against Graffiti Charges

There are a few defenses that may help fight graffiti charges:

• Lack of Evidence: If there is no evidence or eyewitness that clearly identifies the accused as the graffiti artist, charges can potentially be dropped. Things like fingerprints, photos, videos and confiscated spray paint cans could provide evidence.
• Permission: The accused can claim they had verbal or written permission from the property owner to create their artwork. A signed letter from the owner may help prove consent.
• First Amendment Rights: Though rarely successful, some graffiti artists attempt to claim their work is “artistic free speech” protected under the First Amendment. But graffiti without consent is still considered illegal vandalism.
• Mistake of Fact: The accused may claim they sincerely but incorrectly believed they had permission or that the property was abandoned. If convincing, this defense could lead to reduced penalties.

Should I Hire an Attorney for Graffiti Charges?

An experienced criminal defense lawyer can often negotiate reduced penalties for graffiti crimes compared to representing yourself. They may also spot potential issues with the prosecution’s case or defenses you can use.

While hiring a private attorney can be expensive, going through the public defender’s office is an alternative option that bases fees on your ability to pay. Public defenders are often overburdened but still provide legal counsel on graffiti cases.

Graffiti Alternatives in New York City

For those wanting to create graffiti legally, New York does have some options:

• Many businesses commission graffiti artists to decorate their storefronts, restaurants or other private property. As long as the owner provides written consent, this type of commercial graffiti is perfectly legal.
• Certain public areas like basketball courts and skate parks have designated “graffiti zones” for legal artwork. However, strict rules still apply for what mediums and locations in the zone are permissible.
• Temporary art events like the Figment Festival on Governors Island allow graffiti creation on specified surfaces. But the art does get cleaned up after the event ends.

So in summary, graffiti without consent remains illegal in NYC regardless of artistic merit. Fines, arrest and even jail time are possible depending on the specifics of each case. For those wanting to create graffiti legally, commercial projects, designated graffiti zones and temporary art events provide possible alternative outlets. Consulting with a lawyer can also help understand exact penalties and any defenses that apply.

Resources

• New York State Penal Code on Graffiti
• NYC Administrative Code on Unauthorized Drawing/Painting
• MTA Rules on Vandalism and Graffiti Fines
• Article on Transit Graffiti Penalties
• Overview of Graffiti Laws and Penalties in NYC
• Example of Legal Commercial Graffiti in NYC
• NYC Parks Graffiti Zones
• Figment NYC Graffiti Festival