New York Consolidated Laws

N.Y. Penal Law § 145.00 (2026)

Criminal mischief in the fourth degree

✓ current as of May 2026

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§ 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.

Notes of Decisions

Cited in 311 cases (50 in the last 5 years), 1975–2026 · leading case: Ostroski v. Town of Southold, 443 F. Supp. 2d 325 (E.D.N.Y 2006).

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Ostroski v. Town of Southold, 443 F. Supp. 2d 325 (E.D.N.Y 2006). · cites it 2× “26 [1]), and fourth degree criminal mischief ( N.Y. Penal Law § 145.00 ). Plaintiff faced a jury trial for these charges, and was convicted on November 19, 2002, of the charges of fourth degree criminal mischief and second degree harassment and acquitted of resisting arrest and…”

People v. Hajratalli, 2021 NY Slip Op 07036 (N.Y. App. Div. 2021). · cites it 2× “[i]ntentionally damages property of another person" (Penal Law § 145.00 [1]). As to the first home invasion, the People elicited testimony that, on the evening of July 29, 2017, a female resident of Saratoga Springs (hereinafter victim No.”

People v. Vinolas, 174 Misc. 2d 740 (N.Y. City Crim. Ct. 1997). · cites it 9× “60 [2]), criminal mischief, fourth degree (Penal Law § 145.00 [1]), possession of graffiti instruments (Penal Law § 145.”

In re Carlos M., 32 A.D.3d 686 (N.Y. App. Div. 2006). · cites it 3× “*687 The criminal mischief charge (Penal Law § 145.00 [1]) was established by evidence that appellant chose, as a means of attacking another person, to throw glass objects that almost certainly would have to shatter in order to injure his opponent, thereby evincing an intent to…”

State v. John S., 15 N.E.3d 287 (NY 2014). “He was found guilty of criminal mischief in the fourth degree (Penal Law § 145.00) and received a 10-month sentence to run concurrently with his current sentence for first-degree rape.”

People v. Dunbar, 23 N.E.3d 946 (NY 2014). “00), fourth-degree criminal mischief (Penal Law § 145.00 [1]) and other crimes, he made a motion to suppress.”

Matter of Porter v. Moore, 2017 NY Slip Op 3182 (N.Y. App. Div. 2017). “Further, the petitioner failed to establish by a fair preponderance of the evidence that the appellant committed acts which constituted the family offense of criminal mischief, as there was no proof of property damage by the appellant (see Penal Law § 145.”

People v. Brown, 185 Misc. 2d 326 (N.Y. City Crim. Ct. 2000). · cites it 4× “20) (for deliberately causing a car wreck while he and complainant were still in the car); (2) leaving the scene of an incident (Vehicle and Traffic Law § 600); (3) driving with a suspended license (Vehicle and Traffic Law § 511); and (4) criminal mischief in the fourth degree…”

In re Kevin B., 128 A.D.2d 63 (N.Y. App. Div. 1987). · cites it 3× “(Penal Law § 145.00.) The police officer’s testimony, as described in the opening statement, would provide direct and circumstantial evidence as to those three elements, and could form the basis of a fact finding on the first count.”

Minasian v. Lubow, 49 A.D.3d 1033 (N.Y. App. Div. 2008). · cites it 2× “[intentionally damages property of another person” (Penal Law § 145.00 [1]). Lubow testified that he filed a criminal complaint against plaintiff charging that crime.”

Jackson v. City of New York, 939 F. Supp. 2d 235 (E.D.N.Y 2013). “” N.Y. Pen. L. § 145.00 . Plaintiff has not disputed that she kicked out the rear window of the police vehicle while under arrest.”

Naples v. Stefanelli, 972 F. Supp. 2d 373 (E.D.N.Y 2013). “) When Jimmy arrived, he was re-arrested, booked, and charged with Criminal Mischief in the Fourth Degree in violation of N.Y. Penal Law § 145.00 for allegedly cutting a ten dollar lock with bolt cutters.”

Show all 311 citing cases →

— N.Y. Penal Law § 145.00(1) — 4 cases

Matter of Cheryl P., 2019 NY Slip Op 6497 (N.Y. App. Div. 2019).

Rembert v. Smith (S.D.N.Y. 2020).

Matter of Norton, 2018 NY Slip Op 5312 (N.Y. App. Div. 2018).

Matter of K.B., 2005 NY Slip Op 52083(U) (N.Y. Fam. Ct., Nassau Cty. 2005).

— N.Y. Penal Law § 145.00(3) — 1 case

Matter of Cheryl P., 2019 NY Slip Op 6497 (N.Y. App. Div. 2019).

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