Created by FindLaw's team of legal writers and editors | Last reviewed January 17, 2018
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When someone damages your property, the impact feels less severe than when someone attacks you physically. However, it is still a harmful violation. When an individual destroys, defaces, or damages the property of another without that person's permission, they have committed an act of vandalism. Every state deals with vandalism differently and categorizes vandalism crimes accordingly. New York vandalism laws fall under two different property damage crimes: criminal mischief or criminal tampering.
New York recognizes differing degrees of criminal mischief based on factors including:
Criminal mischief in the fourth degree is the least serious of these offenses and involves damaged property exceeding $250. On the other end of the spectrum is criminal mischief in the first degree. This offense does not specify a monetary amount of damage and is based solely on the means of the property damage: A person is guilty if he or she damages someone's property by using explosives. Due to the extreme method used by the offender, first degree criminal mischief is a class B felony and can result in a prison sentence of up to 25 years.
Criminal tampering is the action a person takes to meddle or interfere with someone's property. The crime is divided into three degrees; the degree depends on what you tampered with and your intent. The most serious of the offenses, criminal tampering in the first degree, is the only such offense that is a felony and carries with it a possible sentence of seven years in prison.
The chart below provides a summary of state laws related to vandalism laws in New York, including links to important code sections.
Statutes |
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Statutory Requirements |
Criminal Mischief Fourth degree criminal mischief elements:
Third degree criminal mischief elements:
Second degree criminal mischief elements:
First degree criminal mischief elements:
Criminal Tampering
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Possible Defenses |
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Related Offenses |
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Whether it's criminal mischief or criminal tampering, vandalism violations in New York can have serious consequences. If you're facing these charges, you probably want to know the best way to defend yourself. Take the first step and speak with a criminal defense attorney in your area today.
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