Criminal mischief and related offenses – Article 145

In New York law, Article 145 refers to criminal mischief and related offenses. If you have been charged with such an offense, you should contact a criminal defense attorney immediately.

The complete law is as follows:

Article 145: Criminal mischief and related offenses

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.
145.13 Definitions.
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.
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.


NY PENAL LAW § 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 or she has such right, he or she:

1. Intentionally damages property of another person; or

2. Intentionally participates 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; or

4. With intent to prevent a person from communicating a request for emergency assistance, intentionally disables or removes telephonic, TTY or similar communication sending equipment while that person:

(a) is attempting to seek or is engaged in the process of seeking emergency assistance from police, law enforcement, fire or emergency medical services personnel; or

(b) is attempting to seek or is engaged in the process of seeking emergency assistance from another person or entity in order to protect himself, herself or a third person from imminent physical injury. The fact that the defendant has an ownership interest in such equipment shall not be a defense to a charge pursuant to this subdivision.

Criminal mischief in the fourth degree is a class A misdemeanor.


Have you been charged with criminal mischief or another related offense in New York?

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