NY · jury_instructions
CJI2d[NY] Penal Law § 145.05(2)
CRIMINAL MISCHIEF IN THE THIRD DEGREE (Intentionally Damaging Another's Property; Amount More Than $250)
The (specify) count is Criminal Mischief in the Third Degree.
Under our law, 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, that person damages property of another person in an amount exceeding two hundred fifty dollars ($250.00).
The following term(s) used in that definition has/have a special meaning:
INTENT means conscious objective or purpose.³³ Thus, a person intends to damage property of another person when his or her conscious objective or purpose is to damage property of another person.
[PROPERTY OF ANOTHER includes all property in which another person has an ownership interest, whether or not a person who damages the property, or any other person, may also have an interest in the property.] ⁴⁴
The amount of damage to property is determined by the cost of repair or the replacement of the property, whichever is less. ⁵⁵
In order for you to find the defendant guilty of this crime, the People are required to prove, from all of the evidence in the case beyond a reasonable doubt, each of the following three elements:
1. That on or about (date), in the County of (County), the defendant, (defendant's name), damaged property of another person in an amount exceeding two hundred fifty dollars ($250);
2. That the defendant did so with the intent to damage property of another person; and
3. That the defendant had no right to cause such damage nor any reasonable ground to believe he/she had such right.
If you find the People have proven beyond a reasonable doubt each of those elements, you must find the defendant guilty of this crime.
If you find the People have not proven beyond a reasonable doubt any one or more of those elements, you must find the defendant not guilty of this crime.
History
Caption: CRIMINAL MISCHIEF IN THE THIRD DEGREE (Intentionally Damaging Another's Property; Amount More Than $250) Penal Law § 145.05(2) (Committed on or after Sept. 1, 1971) (Revised Jan. 5, 2009 and Dec. 17, 2009). Read from the committee's Word file. Prepared by the New York State Unified Court System Committee on Criminal Jury Instructions, Model Colloquies, and Evidence Rules; published by the Unified Court System at nycourts.gov (the internet edition is the only current and official publication of CJI2d).
Provenance
- Source
- nycourts.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
7d27a8ee02c82cf1154554b26dffebe5d20d96b7071c190c17f0a0407a681382
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