About Edward Martinovich, Esq. Expertise Please do not ask me questions regarding possible terms of imprisonment. Further, if your question has to do with statutes of limitation, be aware that if you have been out of the state to avoid the charges, the statute will not apply. Finally, do not ask questions such as "I want to make a will for my kids, can you write it and email it to me"
I can answer any questions regarding the criminal justice system, from arrest all the way through appeals, and for that matter, many other generic legal issues as well.
Experience I am currently a criminal defense attorney. I have approximately 5 years of experience in both civil, constitutional, labor, and criminal law. I am a member of both the California and New York bars. I am currently an attorney for Johnny Cochran's criminal defense firm.
I worked for the Legal Aid Society of New York City. I worked for the NY Civil Liberties Union, and for the New York State Attorney General-Civil Rights Division.
Education/Credentials I graduated Magna Cum Laude from the State Univ. of NY at Albany. I graduated from City University of NY School of Law in 2001, at near the top of my class. I passed both the NY and California bar exams on the first try, widely considered to be the most difficult exams in the nation.
Question what exactly is the legal standing on the street art known as "Slap Tagging" in New York City? to clarify, slap tagging is the use of stickers to either advertise or tag a name for yourself using stickers. this form of street art is the faster new-age form of the time consuming mother art of graffiti. I know there are penal codes on graffiti, as in the street art using spray paint, markers, or sharp objects to edge into glass, the question is geared towards the use of stickers though. so to wrap up the question, is street sticker art considered "graffiti" under N.Y.C. penal code? secondly, what are to penalties if any?
Answer Andre:
I know what slap tagging is man, i'm from NYC.
I've reprinted NY Penal Code sections dealing with graffiti. The first is actual graffiti, the other is posession of grafiti instruments
S 145.60 Making graffiti.
1. For purposes of this section, the term "graffiti" shall mean the
etching, painting, covering, drawing upon or otherwise placing of a mark
upon public or private property with intent to damage such property.
2. No person shall make graffiti of any type on any building, public
or private, or any other property real or personal owned by any person,
firm or corporation or any public agency or instrumentality, without the
express permission of the owner or operator of said property.
Making graffiti is a class A misdemeanor.
S 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.
So you see, slap tagging is considered grafiti under the first penal code section.
They are both misdemeanors, punishable by up to one year in jail.
