N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Involving Damage to and Intrusion Upon Property / ARTICLE Criminal Mischief and Related Offenses
New York Consolidated Laws

N.Y. Penal Law § 145.60 (2026)

Making graffiti

✓ current as of May 2026
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§ 145.60 Making graffiti.
  1. For purposes of this section, the term "graffiti" shall mean the
etching, painting, covering, drawing upon or otherwise placing of a mark
upon public or private property with intent to damage such property.
  2. No person shall make graffiti of any type on any building, public
or private, or any other property real or personal owned by any person,
firm or corporation or any public agency or instrumentality, without the
express permission of the owner or operator of said property.
  Making graffiti is a class A misdemeanor.
Notes of Decisions
Cited in 19 cases (3 in the last 5 years), 1995–2025 · leading case: People v. Vinolas, 174 Misc. 2d 740 (N.Y. City Crim. Ct. 1997).
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People v. Vinolas, 174 Misc. 2d 740 (N.Y. City Crim. Ct. 1997). · cites it 4× “Defendant is charged with making graffiti (Penal Law § 145.60 [2]), criminal mischief, fourth degree (Penal Law § 145.”
People v. Torres, 184 Misc. 2d 429 (N.Y. City Crim. Ct. 2000). · cites it 6× “00 [1]), making graffiti (Penal Law § 145.60 [2]) and possession of graffiti instruments (Penal Law § 145.”
People v. Wallender, 27 A.D.3d 955 (N.Y. App. Div. 2006). “The prohibition against making graffiti includes “the etching, painting, covering, drawing upon or otherwise placing of a mark upon public or private property with the intent to damage such property” (Penal Law § 145.60 [1]). Thus, the only distinction between the *957 two…”
People v. Sanin, 2025 NY Slip Op 25189 (2025). · cites it 8× “This matter comes before the Court on defendants' motion to dismiss the indictment on the grounds that (1) the indictment is an infringement on their First Amendment Rights to free speech, and for a declaration that Penal Law §145.60 is constitutionally vague and overly broad;…”
People v. Thomas, 47 Misc. 3d 473 (2014). “Defendant, Caleb Thomas, moves for dismissal of the accusatory instruments charging one count of making graffiti (Penal Law § 145.60) and one count of possession of graffiti instruments (Penal Law § 145.”
Sumet I Assocs., L.P. v. Irizarry, 33 Misc. 3d 51 (N.Y. App. Term. 2011). · cites it 3× “Landlord alleged that tenant’s conduct constituted “criminal activity,” specifically, making graffiti (Penal Law § 145.60) and criminal mischief in the fourth degree (Penal Law § 145.”
People v. Gusqui, 49 Misc. 3d 357 (N.Y. City Crim. Ct. 2015). · cites it 3× “In fact, the legislature declared the public policy concerns underlying the statute as follows: “[G]raffiti .”
Peoplev. Karina A., 102 A.D.3d 446 (N.Y. App. Div. 2013). “Accordingly, the court acquitted defendant of making graffiti (Penal Law § 145.60). For the same reason, the evidence failed to establish the corresponding lack-of-permission element of possession of graffiti instruments.”
Sumet I Assocs., LP v. Irizarry, 103 A.D.3d 653 (N.Y. App. Div. 2013). “The landlord demonstrated that the tenant engaged in criminal activity (see Penal Law §§ 145.60, 145.00 [1]). However, under the circumstances of this case, where the graffiti markings were made on the wall of a stairwell landing leading to the building’s roof, and where there…”
Vincenty v. Bloomberg, 476 F.3d 74 (2007). · cites it 2× “) Defendants presented evidence that between 2003 and April 17, 2006, City police had made more than 6,000 arrests for alleged violations of New York State anti-graffiti laws, N.Y. Penal Law §§ 145.60 and 145.65 (McKinney 2006) (prohibiting, respectively, the making of graffiti…”
People v. Constantino (Robert) (N.Y. App. Term. 2016). “00[1]), making graffiti ( see Penal Law § 145.60) and possession of graffiti instruments ( see Penal Law § 145.”
In re Arturo R., 52 Misc. 3d 496 (N.Y.C. Fam. Ct. 2016). “25), making graffiti (Penal Law § 145.60), possession of graffiti instruments (Penal Law § 145.”
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