Last Updated on: 17th October 2023, 10:57 pm

New York Penal Law 145.30: Unlawfully Posting Advertisements

Posting advertisements without permission can get you in trouble in New York. Under New York Penal Law 145.30, it is illegal to post an advertisement on someone else’s property without their permission. This law is commonly violated in New York City, where advertisements for concerts, parties, products, and services cover scaffolding, walls, and other surfaces all over the city.

Even though it seems like everyone does it, posting ads without permission can still get you arrested and charged with a violation under this law. The penalty is up to 15 days in jail. Here’s what you need to know about New York Penal Law 145.30 and unlawfully posting advertisements.

What Does the Law Say?

New York Penal Law 145.30 states:

A person is guilty of unlawfully posting advertisements when, having no right to do so nor any reasonable ground to believe that he has such right, he posts, paints or otherwise affixes to the property of another person any advertisement, poster, notice or other matter designed to benefit a person other than the owner of the property.

So in plain English, this law makes it illegal to put up ads on someone else’s property without their permission. The ads have to be “designed to benefit” someone other than the property owner.

Penalties

Unlawfully posting advertisements is a violation, not a crime. That means if you’re convicted, it will not go on your criminal record. However, you could still face penalties of up to:

• 15 days in jail
• Fines up to $250 for a first offense
• Fines up to $500 for a second offense
• Community service

While 15 days in jail may not seem like much, it’s still something you probably want to avoid if possible. And the fines can add up, especially if you get caught posting ads without permission multiple times.

Defenses

If you get charged under this law, there are a few potential defenses to fight the allegations:

• You Had Permission: If you can show you actually did have consent from the property owner to post the ads, then you should be found not guilty. Get written proof of permission if possible.
• Mistaken Belief: If you reasonably believed you had permission, even if you did not, you may be able to beat the charges. For example, if someone told you the building owner said it was OK.
• Misidentification: If the prosecution can’t prove beyond a reasonable doubt that you were the person who put up the advertisements, you could potentially get the charges dismissed.

An experienced New York criminal defense lawyer can help assess any defenses that may apply in your specific case.