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A 7865

Relates to expanding criminal mischief in the third degree to include damaging property of another as an expression of political ideology

2025 Regular Session Introduced by Joe Angelino and 14 co-sponsors

Expands third-degree criminal mischief to cover property damage done as political expression, allowing prosecutors to charge such acts under existing mischief penalties.

REFERRED TO CODES
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Bill Summary · A 7865

Summary of Bill A 7865 (New York)

Overview

Bill A 7865 seeks to expand the scope of criminal mischief in the third degree by adding as a qualifying act damaging property of another conducted as an expression of political ideology. The bill is currently in the Assembly and has been referred to the Codes Committee. A Senate companion bill is listed as S 7271.

  • Bill number: A 7865
  • Title / purpose (as introduced): Expands criminal mischief in the third degree to include damaging property of another as an expression of political ideology
  • Status: Referred to Codes (Assembly)
  • Introduced: April 11, 2025
  • Related bill (companion): S 7271

What the bill would do

  • The bill broadens the conduct that constitutes criminal mischief in the third degree by explicitly including property damage carried out as an expression of political ideology.
  • In practice, this means acts of property damage tied to political expression could be prosecuted under the existing third-degree criminal mischief framework, subject to the statute’s current elements and penalties.

Key provisions and changes (as indicated by title and summary)

  • Expanded scope: Adds “damaging property of another as an expression of political ideology” to the conduct covered by criminal mischief in the third degree.
  • Relation to existing law: The act relies on the current structure of criminal mischief in the third degree; penalties and definitions for third-degree criminal mischief would apply to these added circumstances.
  • Scope of property: Applies to damage to property of another person or entity (as defined by the statute), when the damage is framed as political expression.

Note: The bill text itself is not included here, so exact statutory language, inclusions/exclusions (e.g., whether it covers only certain types of property, or whether there are specific thresholds or mens rea requirements), and penalties align with current third-degree criminal mischief provisions. The summary reflects the stated intent in the title and committee designation.

Who would be affected

  • Individuals who commit property damage in a political expression context could become subject to criminal mischief in the third degree under the expanded statute.
  • Property owners and the public, insofar as property damage motivated by political ideology becomes prosecutable as a third-degree offense.
  • Prosecutors and criminal defense practitioners, who would need to apply or challenge the expanded scope in alignment with existing elements of criminal mischief.

Procedural and timeline aspects

  • Introduction date: April 11, 2025
  • Committee action: Referred to the Codes Committee in the Assembly (process: Codes Committee would review, hold hearings, and potentially amend before moving to floor vote).
  • Forward steps: If approved by Codes, the bill would proceed through the Assembly’s calendar, then onward to the Senate (via the companion S 7271). A Senate committee action and floor votes would follow, subject to passage in both houses.

Related considerations

  • The companion Senate bill (S 7271) mirrors this expansion, enabling parallel consideration in the Senate.
  • The bill engages questions about balancing criminal liability for politically motivated property damage with First Amendment concerns about political expression and protest. The ultimate constitutionality and practical impact would depend on the form of the final bill language and how courts interpret it.

If you’d like, I can compare this bill to current NY criminal mischief provisions or provide a side-by-side with the Senate companion once the full text is available.

Compiled from official sources — confirm details with the bill’s official record.

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