Bill Text: NY S01666 | 2011-2012 | General Assembly | Introduced
Bill Title: Expands scope of criminal mischief to include cases wherein a person intentionally damages property of another with intent to harass, annoy, or alarm; permits offenders to be prosecuted notwithstanding their own partial interest in the property; includes second through four degrees of criminal mischief within the scope of "family offenses."
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CODES [S01666 Detail]
Download: New_York-2011-S01666-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1666
2011-2012 Regular Sessions
I N S E N A T E
January 11, 2011
___________
Introduced by Sen. SAMPSON -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to criminal mischief in
certain cases
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Sections 145.00, 145.05, and 145.10 of the penal law,
2 section 145.00 as amended by chapter 69 of the laws of 2008, section
3 145.05 as amended by chapter 276 of the laws of 2003 and section 145.10
4 as amended by chapter 961 of the laws of 1971, are amended to read as
5 follows:
6 S 145.00 Criminal mischief in the fourth degree.
7 A person is guilty of criminal mischief in the fourth degree [when,
8 having]:
9 1. HAVING no right to do so nor any reasonable ground to believe that
10 he or she has such right, he or she:
11 [1.] (A) Intentionally damages property of another person; or
12 [2.] (B) Intentionally participates in the destruction of an abandoned
13 building as defined in section one thousand nine hundred seventy-one-a
14 of the real property actions and proceedings law; or
15 [3.] (C) Recklessly damages property of another person in an amount
16 exceeding two hundred fifty dollars; or
17 [4.] (D) With intent to prevent a person from communicating a request
18 for emergency assistance, intentionally disables or removes telephonic,
19 TTY or similar communication sending equipment while that person: [(a)]
20 (I) is attempting to seek or is engaged in the process of seeking emer-
21 gency assistance from police, law enforcement, fire or emergency medical
22 services personnel; or [(b)] (II) is attempting to seek or is engaged in
23 the process of seeking emergency assistance from another person or enti-
24 ty in order to protect himself, herself or a third person from imminent
25 physical injury. The fact that the defendant has an ownership interest
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05896-01-1
S. 1666 2
1 in such equipment shall not be a defense to a charge pursuant to this
2 subdivision[.]; OR
3 2. HAVING NO RIGHT TO DO SO AND WITH THE INTENT TO HARASS, ANNOY, OR
4 ALARM ANOTHER PERSON, HE OR SHE INTENTIONALLY DAMAGES MARITAL PROPERTY,
5 AS DEFINED IN PARAGRAPH C OF SUBDIVISION ONE OF PART B OF SECTION TWO
6 HUNDRED THIRTY-SIX OF THE DOMESTIC RELATIONS LAW, IN WHICH THAT OTHER
7 PERSON AND THE ACTOR SHARE A POSSESSORY OR PROPRIETARY INTEREST.
8 Criminal mischief in the fourth degree is a class A misdemeanor.
9 S 145.05 Criminal mischief in the third degree.
10 A person is guilty of criminal mischief in the third degree when, with
11 intent to damage property of another person, and having no right to do
12 so nor any reasonable ground to believe that he or she has such right,
13 he or she:
14 1. damages the motor vehicle of another person, by breaking into such
15 vehicle when it is locked with the intent of stealing property, and
16 within the previous ten year period, has been convicted three or more
17 times, in separate criminal transactions for which sentence was imposed
18 on separate occasions, of criminal mischief in the fourth degree as
19 defined in section 145.00, criminal mischief in the third degree as
20 defined in this section, criminal mischief in the second degree as
21 defined in section 145.10, or criminal mischief in the first degree as
22 defined in section 145.12 of this article; [or]
23 2. damages property of another person in an amount exceeding two
24 hundred fifty dollars[.]; OR
25 3. WITH THE INTENT TO HARASS, ANNOY, OR ALARM ANOTHER PERSON INTEN-
26 TIONALLY DAMAGES MARITAL PROPERTY, AS DEFINED IN PARAGRAPH C OF SUBDIVI-
27 SION ONE OF PART B OF SECTION TWO HUNDRED THIRTY-SIX OF THE DOMESTIC
28 RELATIONS LAW, IN AN AMOUNT EXCEEDING TWO HUNDRED FIFTY DOLLARS, IN
29 WHICH THAT OTHER PERSON AND THE ACTOR SHARE A POSSESSORY OR PROPRIETARY
30 INTEREST.
31 Criminal mischief in the third degree is a class E felony.
32 S 145.10 Criminal mischief in the second degree.
33 A person is guilty of criminal mischief in the second degree when
34 [with]:
35 1. WITH intent to damage property of another person, and having no
36 right to do so nor any reasonable ground to believe that he OR SHE has
37 such right, he OR SHE damages property of another person in an amount
38 exceeding one thousand five hundred dollars[.]; OR
39 2. HAVING NO RIGHT TO DO SO AND WITH THE INTENT TO HARASS, ANNOY, OR
40 ALARM ANOTHER PERSON, HE OR SHE INTENTIONALLY DAMAGES MARITAL PROPERTY,
41 AS DEFINED IN PARAGRAPH C OF SUBDIVISION ONE OF PART B OF SECTION TWO
42 HUNDRED THIRTY-SIX OF THE DOMESTIC RELATIONS LAW, IN AN AMOUNT EXCEEDING
43 ONE THOUSAND FIVE HUNDRED DOLLARS, IN WHICH THAT OTHER PERSON AND THE
44 ACTOR SHARE A POSSESSORY OR PROPRIETARY INTEREST.
45 Criminal mischief in the second degree is a class D felony.
46 S 2. This act shall take effect on the first of November next succeed-
47 ing the date on which it shall have become a law.
