⚖ Violation Reference
Making Graffiti
NY Penal Law § 145.60 · Quality of Life
Legal information only — not legal advice. B-Legal is not a law firm and use of this site does not create an attorney-client relationship. Consult a licensed attorney before acting.
Overview
Etching, painting, drawing on any public or private surface without owner's consent. A Misdemeanor — this is a criminal charge, not a violation. NYC courts frequently offer ACDs with community service for first offenders. Property owner's consent is a complete defense.
Fine Range
Up to $500 (A Misdemeanor)
Surcharge
$175
How to Contest
- Appear in Criminal Court on return date
- Request an ACD (Adjournment in Contemplation of Dismissal) — standard for first offense
- Complete required community service if offered
- If denied ACD: challenge ownership of surface and consent
Common Defenses
- Property owner's consent
- Authorized street art or mural
- Misidentification
- ACD — case dismissed after 6 months with no re-arrest
Legal Information Only. This reference is sourced from publicly available NYC/NYS law. It is not legal advice and does not create an attorney-client relationship. Consult a licensed attorney before taking any action on a legal matter. Need representation? Find an attorney →