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NY Penal Law § 145.14: Criminal Tampering in the Third Degree
Criminal tampering in the third degree, NY Penal Law § 145.14, is tampering with someone else’s property, without any right to do so, to cause them substantial inconvenience. Unlike criminal mischief, no damage is required. Typical examples are hiding someone’s phone or keys, unplugging equipment, or moving property during a dispute. It is a class B misdemeanor. Richard Hochhauser of Hochhauser Criminal & DWI Defense, PLLC is a former Long Island prosecutor who defends these charges in Nassau County and Suffolk County courts.
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NY Penal Law § 145.14 at a glance
| Criminal tampering in the third degree | |
|---|---|
| Statute | NY Penal Law § 145.14 |
| Charge level | Class B misdemeanor |
| Maximum jail term | Up to 3 months |
| Damage required? | No. The intent to cause substantial inconvenience is the key. |
| Related charge | Criminal mischief (PL 145.00), when property is damaged |
What NY Penal Law § 145.14 says
A person is guilty of criminal tampering in the third degree when, having no right to do so nor any reasonable ground to believe that he has such right, he tampers with property of another person with intent to cause substantial inconvenience to such person or to a third person.
Criminal tampering in the third degree is a class B misdemeanor.
Source: New York State Senate, official text. Read the full section, including any later amendments, before relying on it.
What the prosecutor has to prove
- You tampered with property belonging to another person.
- You had no right, and no reasonable ground to believe you had a right, to do so.
- You intended to cause substantial inconvenience to that person or someone else.
Penalties for criminal tampering
| Outcome | What it means |
|---|---|
| Jail | Up to 3 months (class B misdemeanor). |
| Order of protection | In domestic cases, a temporary order of protection is usually issued at arraignment. |
| Reduced outcome | Often resolved with an adjournment in contemplation of dismissal or a violation. |
Charged with criminal tampering?
Call before your next court date. Consultations are free, in person at our Hempstead office or by video call or phone call. We answer 24/7.
How criminal tampering charges show up on Long Island
In the cases we’ve seen over the last two years, PL 145.14 charges come up more often in Suffolk County.
Most of these cases come from domestic and neighbor disputes, and they are often charged along with criminal mischief, harassment or criminal contempt.
In Nassau County, arrests are arraigned at the Nassau County District Court, 99 Main Street, Hempstead, NY 11550, across the street from our office. Felony cases that are indicted move to Nassau County Court, 262 Old Country Road, Mineola, NY 11501. In Suffolk County, arraignments are held at the Suffolk County District Court, First District, 400 Carleton Avenue, Central Islip, NY 11722. Indicted felony cases go to Suffolk County Court, Arthur M. Cromarty Criminal Court Complex, 210 Center Drive, Riverhead, NY 11901.
An example
During an argument, one partner takes the other’s car keys and phone and hides them so the other cannot leave or call anyone. Police charge PL 145.14. The defense looks at ownership (shared property), what was actually done, and whether the intent was to inconvenience or something else.
Defenses to a PL 145.14 charge
- Right to the property. Shared or jointly owned property, or a reasonable belief you had a right, is a defense.
- No intent to inconvenience. Moving property for another reason is not criminal tampering.
- “Substantial” inconvenience. Trivial interference may not qualify.
Related offenses
- Criminal mischief (PL 145.00, 145.05)
- Criminal mischief in the second degree (PL 145.10)
- Unlawful imprisonment in the second degree (PL 135.05)
- Long Island domestic violence defense
NY Penal Law § 145.14: frequently asked questions
What is criminal tampering in the third degree in New York?
Under Penal Law 145.14, it is tampering with another person’s property, without any right or reasonable belief of a right, intending to cause substantial inconvenience. It is a class B misdemeanor.
Is hiding someone’s phone a crime?
It can be criminal tampering in the third degree if done without a right to the property and with intent to cause substantial inconvenience.
What is the difference between criminal tampering and criminal mischief?
Criminal mischief requires damaging property. Criminal tampering requires only interfering with property to cause substantial inconvenience.
Can a criminal tampering charge be dismissed?
Often it is resolved with an adjournment in contemplation of dismissal or a violation.
How much does a lawyer cost for this charge?
Hochhauser Criminal & DWI Defense, PLLC charges a flat fee, quoted after your free consultation, so you know the cost up front.
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This is general information about New York law, not legal advice about your case. Laws change, and the right defense depends on the facts. Prior results do not guarantee a similar outcome.
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