Possession of graffiti instruments · as in force on May 31, 2026
§ 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.
A person commits possession of graffiti instruments by possessing a tool, substance, or other item designed or commonly used to mark property, under circumstances showing intent to use it to damage property the person lacks permission or authority to mark. ★ It is a class B misdemeanor.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.