Posted On: March 19, 2008

New York Crimes: Graffiti

Graffiti is the etching, painting, covering, drawing upon or otherwise placing a mark upon public or private property with the conscious objective or purpose of damaging such property. [PL §§ 145.60(1) and 15.05(1)]

744628_self_portrait.jpg A person commits the crime of making graffiti in New York if he or she makes graffiti of any kind on any public or private building without the express permission of the owner or operator of the building. [PL §145.60(2)] A person also commits the crime of making graffiti in New York if he or she makes graffiti on any other real or personal property without the express permission of the owner or operator of the subject property. [PL § 145.60(2)] The crime of making graffiti is a class A misdemeanor in New York. [PL §145.60]

A person commits the crime of possession of graffiti instruments if he or she possesses any tool, instrument, substance, solution, or other compound designed or commonly used to make graffiti under circumstances evincing a conscious objective or purpose to use same to damage property without permission or authority to do so. [PL §§145.65 and 15.05(1)] The crime of possession of graffiti instruments is a class B misdemeanor in New York. [PL § 145.65]

A person convicted of making graffiti or possession of graffiti instruments can be required to successfully complete a graffiti removal program as a condition of probation or conditional discharge. [PL § 60.28].

Posted On: March 17, 2008

New York Crimes: Gang Assault in the Second Degree

A person commits the crime of gang assault in the second degree in New York if he or she: (1) intends on causing another person physical injury; (2) causes that person or a third person serious physical injury ; and (3) was aided by two or more persons actually present. [PL §120.06]

A person intends on causing another person physical injury if their conscious objective or purpose is to cause physical injury to another. [PL § 15.05(1)] "Physical injury" is defined as impairment of physical condition or substantial pain. [PL §10.10(9)] "Serious physical injury" is defined as physical injury which: creates a substantial risk of death; causes death; causes protracted disfigurement; causes protracted impairment of health; or causes protracted loss or impairment of the function of any bodily organ. [PL §10.10(10)] A "person actually present" refers to a person who is ready, willing and able to give instant aid to a person engaged in assaulting another. [CJI-Gang Assault Second Degree]

Gang assault in the second degree is a class C felony in New York.[PL § 120.06]

Posted On: March 12, 2008

New York Crimes: Patronizing a Prostitute

It is a crime in New York to patronize a prostitute. A person patronizes a prostitute in New York if he or she pays pursuant to a prior agreement a fee for having had sex with with another person. [PL§ 230.02(1)(a)] A person also patronizes a prostitute in New York if he or she pays or agrees to a pay fee for another person to have sex with him or her. [PL§ 230.02(1)(b)] A person also patronizes a prostitute in New York if he or she asks another person to have sex with him or her in return for a fee. [PL§ 230.02(1) (c)]

370652_behind_bedroom_doors_i.jpg There are three categories of patronizing a prostitute in New York: patronizing a prostitute in the third degree; patronizing a prostitute in the second degree; and patronizing a prostitute in the first degree. [PL §§ 230.04, 230.05 and 230.06]

A person commits the crime of patronizing a prostitute in the third degree in New York if he or she patronizes a prostitute. [PL §230.04] Patronizing a prostitute in the third degree is a class A misdemeanor. [PL §230.04]

A person commits the crime of patronizing a prostitute in the second degree in New York if he or she is over the age of eighteen and the person being patronized is under the age of fourteen.[PL §230.05] Patronizing a prostitute in the second Degree is a class E felony. [PL §230.05] It is a defense to patronizing a prostitute in the second degree if the person patronizing the prostitute had no reasonable grounds to believe that the person being patronized was less than fourteen years old. [PL§ 230.07]

A person commits the crime of patronizing a prostitute in the first degree in New York if the person being patronized is under the age of eleven. [PL §230.06] Patronizing a prostitute in the first degree is a class D felony. [PL§230.06] It is a defense to patronizing a prostitute in the first degree if the person patronizing the prostitute had no reasonable grounds to believe that the person being patronized was less than eleven years old. [PL §230.07]

The gender of the patron and the prostitute is immaterial. [PL §230.10] Thus, it is not a defense to any charge of patronizing a prostitute that the parties involved were the same gender or that the prostitute was male and the person patronizing the prostitute was female. [PL §230.10(1)(2)]

Posted On: March 10, 2008

Criminal Possession of a Weapon in the Fourth Degree by Knowingly Possessing a Firearm

In New York, a prosecutor must prove three things beyond a reasonable doubt to convict a person of criminal possession of weapon in the fourth degree for having possessed a firearm: 1.The person possessed a firearm, 2.The person did so knowingly; and 3.The firearm was operable. (CJI -Possession of Firearm)


826195_gun4.jpgNew York Penal Law defines a firearm as any pistol or revolver; any shotgun with one or more barrels shorter than eighteen inches; any rifle with one or more barrels shorter than sixteen inches; any rifle or shotgun shorter than twenty- six inches; or any assault weapon. [PL§ 265.00(3)] A list of assault weapons can be found in New York Penal Law §265.00(22).

A person possesses a firearm by having it in their physical possession or by having it under their dominion and control. (CJI -Possession of Firearm) A person knowingly possesses a firearm if they are aware that it is in their possession. (CJI -Possession of Firearm)

A firearm is considered to be operable so long as it is able to fire ammunition. (CJI -Possession of Firearm) It need not be loaded to be considered operable.(CJI -Possession of Firearm)

Criminal possession of a weapon in the fourth degree is a class A misdemeanor.