New York statute
N.Y. Penal Law § 145.65 — Possession of graffiti instruments
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 145: Criminal Mischief and Related Offenses, New York Penal Law.
Criminal charges under this statute
Full text of N.Y. Penal Law § 145.65
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
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.
Official sources
Legal terms used in this section
Questions this section answers
What class of misdemeanor is possession of graffiti instruments in New York?
Possession of graffiti instruments is a Class B Misdemeanor in New York under N.Y. Penal Law § 145.65.
Which New York statute covers possession of graffiti instruments?
Possession of graffiti instruments is governed by N.Y. Penal Law § 145.65 (Possession of graffiti instruments).
This reference is informational and is not legal advice.