Penal Law § 145.05 · Article 145. Criminal Mischief and Related Offenses
Criminal mischief in the third degree
Text — Law content up to date as of October 23, 2026, as published by the New York State Senate (Open Legislation)
§ 145.05 Criminal mischief in the third degree.
A person is guilty of criminal mischief in the third degree when, with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he or she has such right, he or she:
1. damages the motor vehicle of another person, by breaking into such vehicle when it is locked with the intent of stealing property, and within the previous ten year period, has been convicted three or more times, in separate criminal transactions for which sentence was imposed on separate occasions, of criminal mischief in the fourth degree as defined in section 145.00, criminal mischief in the third degree as defined in this section, criminal mischief in the second degree as defined in section 145.10, or criminal mischief in the first degree as defined in section 145.12 of this article; or
2. damages property of another person in an amount exceeding two hundred fifty dollars.
Criminal mischief in the third degree is a class E felony.
Source of truth
- Edition
- Law content up to date as of October 23, 2026, as published by the New York State Senate (Open Legislation)
- Official file
- https://legislation.nysenate.gov/pdf/laws/PEN145.05
- Text hash
- sha256 70f5ad2fefaa88a61cf1c561b3fa64ad832c084f9aa5f77e8b43712c4505734f
- Composed by
- gen_ny_statutes.py 2026-11-10: the Senate's Open Legislation law tree (GET /api/3/laws/<ID>?full=true) read in document order; the Senate's PDF of the whole law (GET /pdf/laws/<ID>?full=true), read with PDFium, prints the same words in the same order
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.