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 § 145.65 (2026)

Possession of graffiti instruments

✓ current as of May 2026
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§ 145.65 Possession of graffiti instruments.
  A person is guilty of possession of graffiti instruments when he
possesses any tool, instrument, article, substance, solution or other
compound designed or commonly used to etch, paint, cover, draw upon or
otherwise place a mark upon a piece of property which that person has no
permission or authority to etch, paint, cover, draw upon or otherwise
mark, under circumstances evincing an intent to use same in order to
damage such property.
  Possession of graffiti instruments is a class B misdemeanor.
Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 1995–2025 · leading case: In re Mario S., 38 Misc. 3d 444 (N.Y. Fam. Ct. 2012).
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In re Mario S., 38 Misc. 3d 444 (N.Y. Fam. Ct. 2012). “The petition further alleged that respondent was born on March 1, 1994; that he resides in Astoria, New York; and that he resides with his mother, Irma V *446 Following preliminary proceedings upon the petition, the respondent entered an admission that he committed an act which…”
People v. Vinolas, 174 Misc. 2d 740 (N.Y. City Crim. Ct. 1997). · cites it 2× “00 [1]), possession of graffiti instruments (Penal Law § 145.65), and unlawfully posting advertisements (Penal Law § 145.”
People v. Torres, 184 Misc. 2d 429 (N.Y. City Crim. Ct. 2000). · cites it 4× “60 [2]) and possession of graffiti instruments (Penal Law § 145.65). The accusatory instrument states in pertinent part that defendant Torres was observed “removing posters from scaffolding at” Broadway and 49th Street in New York County and the defendant Neal was seen “standing…”
People v. Sanin, 2025 NY Slip Op 25189 (2025). · cites it 4× “10]), Making Graffiti (Penal Law §145.65) and Possession of Graffiti Instruments (Penal Law §145.”
People v. Gusqui, 49 Misc. 3d 357 (N.Y. City Crim. Ct. 2015). · cites it 4× “Defendant’s motions are decided as follows: Defendant stands charged with a single count of possession of graffiti instruments (Penal Law § 145.65). 1 The accusatory instrument alleges that on or about February 17, 2015, between 11:10 p.”
People v. Thomas, 47 Misc. 3d 473 (2014). “60) and one count of possession of graffiti instruments (Penal Law § 145.65) upon the ground that such charges are facially insufficient pursuant to CPL 100.”
Peoplev. Karina A., 102 A.D.3d 446 (N.Y. App. Div. 2013). “An element of possession of graffiti instruments (Penal Law § 145.65) is that a defendant possessed the instrument at issue under circumstances evincing an intent to use it to damage property that the defendant had no permission or authority to mark.”
People v. Constantino (Robert) (N.Y. App. Term. 2016). “60) and possession of graffiti instruments ( see Penal Law § 145.65), was supported by legally sufficient evidence and was not against the weight of the evidence (see People v Danielson , 9 NY3d 342 , 348-349 [2007]).”
In re Arturo R., 52 Misc. 3d 496 (N.Y.C. Fam. Ct. 2016). “60), possession of graffiti instruments (Penal Law § 145.65), unlawful possession of aerosol spray paint cans (Administrative Code of City of NY § 10-117), unlawful defacement of property (Administrative Code of City of NY § 10-117), and overdriving, torturing and injuring…”
People v. Ouikhlef (Maxime), 71 Misc. 3d 129(A) (N.Y. App. Term. 2021). “60[2]) and possession of graffiti instruments ( see Penal Law § 145.65). The instrument recited that, in front of 310 West Broadway, a police officer "observed the defendant affix a sticker depicting the word 'Maxime' [defendant's first name] on a New York City light pole," that…”
Peoplev. Karina A., 102 A.D.3d 446 (N.Y. App. Div. 2013). “An element of possession of graffiti instruments (Penal Law § 145.65) is that a defendant possessed the instrument at issue under circumstances evincing an intent to use it to damage property that the defendant had no permission or authority to mark.”
People v. Elio, 193 Misc. 2d 533 (2002). “10), and possession of graffiti instruments (Penal Law § 145.65), made an omnibus motion seeking a Dunaway, Huntley, Mapp and Wade hearing to suppress their arrest for lack of probable cause, suppress statements made to the police, suppress physical evidence seized at the scene…”
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