Domestic Violence

LAWS OF NEW YORK, 2008
CHAPTER 69
 
AN ACT to amend the penal law, in relation to criminal mischief in the fourth degree
 
Became a law May 7, 2008, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.
 
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
 
Section 1. Section 145.00 of the penal law, as amended by chapter 496
of the laws of 1983, is amended to read as follows:
§ 145.00 Criminal mischief in the fourth degree.
A person is guilty of criminal mischief in the fourth degree when,
having no right to do so nor any reasonable ground to believe that he or
she has such right, he or she:
  1. Intentionally damages property of another person; or
  2. Intentionally [particpates] participates in the destruction of an
abandoned building as defined in section one thousand nine hundred
seventy-one-a of the real property actions and proceedings law; or
  3. Recklessly damages property of another person in an amount exceed-
ing two hundred fifty dollars[.]; or
  4. With intent to prevent a person from communicating a request for
emergency assistance, intentionally disables or removes telephonic, TTY
or similar communication sending equipment while that person: (a) is
attempting to seek or is engaged in the process of seeking emergency
assistance from police, law enforcement, fire or emergency medical
services personnel; or (b) is attempting to seek or is engaged in the
process of seeking emergency assistance from another person or entity in
order to protect himself, herself or a third person from imminent phys-
ical injury. The fact that the defendant has an ownership interest in
such equipment shall not be a defense to a charge pursuant to this
subdivision.
  Criminal mischief in the fourth degree is a class A misdemeanor.
  § 2. This act shall take effect on the sixtieth day after it shall
have become a law.
 
The Legislature of the STATE OF NEW YORK ss:
  Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.

JOSEPH L. BRUNO
Temporary President of the Senate
SHELDON SILVER
Speaker of the Assembly