__________________________________________Ask the DA
 

I recently noticed some new spray-paint on the buildings near my home.  It is very unsightly.  Isn’t vandalism a crime, and what can be done about this?

New York’s Penal Law Section 145.60 defines graffiti as “the etching, painting, covering, drawing upon or otherwise placing of a mark upon public or private property with the intent to damage such property.”  A person who draws graffiti on public or private property without permission of the owner can be charged with the crime of “making graffiti.”  

Making graffiti is a class A misdemeanor which is punishable by up to one year in jail.   In some cases, a conviction for this offense or of an attempt to commit this offense can result in a court sentence of probation or a conditional discharge.  In such cases, where appropriate, the court may include as a condition of the sentence the defendant’s successful participation in a graffiti removal program, such as the one run by my office’s Alternative Sentencing program. 

It is important to note that, depending upon the severity of the property damage, the perpetrator could also face a felony charge of criminal mischief. 

The crime of graffiti making should not be taken lightly. This destructive activity is an example of a criminal behavior undertaken by some teens that can often serve as a gateway to more serious criminal behavior in the future. Graffiti making can also pose other dangers to teens engaging in the practice.  Teens have been known to enter train yards at night, walk across train tracks or into subway tunnels in their pursuit of new targets. In a couple of notorious cases, graffiti artists have even been killed as a result of their reckless acts. 

I would urge any parent whose child is engaging in this activity to view this both as a cry for help and as an activity that could potentially endanger the lives of their children.

For more information please visit the office’s Web site at www.brooklynda.org. To have your questions answered in a future column, send them to asktheda@brooklynda.org.