STATE OF NEW YORK
________________________________________________________________________
745
2019-2020 Regular Sessions
IN ASSEMBLY
January 10, 2019
___________
Introduced by M. of A. AUBRY -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to criminal mischief in the
third degree and criminal mischief in the second degree
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Section 145.05 of the penal law, as amended by chapter 276
2 of the laws of 2003, is amended to read as follows:
3 § 145.05 Criminal mischief in the third degree.
4 A person is guilty of criminal mischief in the third degree when, with
5 intent to damage property of another person, and having no right to do
6 so nor any reasonable ground to believe that he or she has such right,
7 he or she:
8 1. damages the motor vehicle of another person, by breaking into such
9 vehicle when it is locked with the intent of stealing property, and
10 within the previous ten year period, has been convicted three or more
11 times, in separate criminal transactions for which sentence was imposed
12 on separate occasions, of criminal mischief in the fourth degree as
13 defined in section 145.00, criminal mischief in the third degree as
14 defined in this section, criminal mischief in the second degree as
15 defined in section 145.10, or criminal mischief in the first degree as
16 defined in section 145.12 of this article; or
17 2. damages property of another person in an amount exceeding [two
18 hundred fifty] one thousand dollars.
19 Criminal mischief in the third degree is a class E felony.
20 § 2. Section 145.10 of the penal law, as amended by chapter 961 of the
21 laws of 1971, is amended to read as follows:
22 § 145.10 Criminal mischief in the second degree.
23 A person is guilty of criminal mischief in the second degree when with
24 intent to damage property of another person, and having no right to do
25 so nor any reasonable ground to believe that he has such right, he
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07448-01-9
A. 745 2
1 damages property of another person in an amount exceeding [one] three
2 thousand [five hundred] dollars.
3 Criminal mischief in the second degree is a class D felony.
4 § 3. This act shall take effect on the first of November next succeed-
5 ing the date on which it shall have become a law.