Yeger, Simpson, Angelino, Blankenbush, DiPietro, Brown E, Maher, Beephan, Hawley, Brabenec,
Morinello, Chang, Palmesano, Brown K
MLTSPNSR
Amd §145.05, Pen L
Provides that a person is guilty of criminal mischief in the third degree when such person intentionally damages property of another person to promote or suppress a political ideology, or otherwise as an expression of political ideology.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7865
SPONSOR: Tague TITLE OF BILL:
An act to amend the penal law, in relation to criminal mischief in the
third degree
PURPOSE OR GENERAL IDEA OF BILL:
This bill broadens the definition of criminal mischief to include damag-
ing property to suppress or promote a political ideology.
SUMMARY OF SPECIFIC PROVISIONS:
Section one: The opening paragraph and subdivision two of section 145.05
of the penal law, as amended by chapter 276 of the laws of 2003, are
amended and add a new subdivision three.
Section two: Provides the effective date.
JUSTIFICATION:
Political protesters, while often peaceful, sometimes take their anger
out on private property. Most recently, protesters have targeted Tesla
dealerships and owners with vandalism. They have keyed cars, drawn
swastikas on them, and even set some ablaze. These attacks are a direct
result of opposition to Elon Musk's political activity. Regardless of
individuals' political ideology, the State has an obligation to protect
private property from these types of,attacks. This bill would include
damaging property to suppress or promote a political ideology in the
definition of criminal mischief in the third degree, which will make
prosecution of this crime easier.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
7865
2025-2026 Regular Sessions
IN ASSEMBLY
April 11, 2025
___________
Introduced by M. of A. TAGUE -- 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
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph and subdivision 2 of section 145.05
2 of the penal law, as amended by chapter 276 of the laws of 2003, are
3 amended and a new subdivision 3 is added to read as follows:
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] they have
7 such right, [he or she] such person:
8 2. damages property of another person in an amount exceeding two
9 hundred fifty dollars[.]; or
10 3. damages property of another person to promote or suppress a poli-
11 tical ideology, or otherwise as an expression of political ideology.
12 § 2. This act shall take effect on the first of November next succeed-
13 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11557-02-5
