Last Updated on: 27th July 2023, 04:33 pm

An Overview of New York Penal Law § 145.30 – Unlawfully Posting Advertisements

In New York, it is illegal under Penal Law § 145.30 to post advertisements like handbills, posters, stickers, paintings or signs in public places without authorization. Known as unlawfully posting advertisements, this petty criminal offense most often arises from political signs placed without permission or companies marketing through unauthorized billboards, flyers or posters.

The Elements of Unlawfully Posting Advertisements

To obtain a conviction under PL § 145.30, the prosecution must establish these elements beyond a reasonable doubt:

– The defendant posted, affixed or displayed an advertisement.
– They did so in or upon a building, structure, wire, pole or other property.
– The property belonged to someone other than the defendant.
– The defendant did not have the consent of the owner or lawful occupant to post the advertisement.

The advertisement content is not relevant – the crime solely involves posting it without permission. Even unintentionally posting a sign on the wrong property can qualify.

Penalties Under PL § 145.30

Since unlawfully posting advertisements is classified as a violation under New York criminal statutes, potential penalties include:

– Up to 15 days jail time
– Fines up to $250
– Community service

While penalties are relatively minor, a permanent criminal record is still created. Experienced NY criminal defense lawyers can often get charges reduced or dismissed.

Defenses to Unlawfully Posting Advertisements

There are scenarios where posting an advertisement would not constitute a crime, such as:

– Having consent from the property owner to post signs or flyers
– Posting on your own private property
– City signage laws allowing posting in certain public areas
– Mistakenly placing a sign on the wrong property boundary
– Someone else posting signs falsely in your name

By raising defenses like these, skilled attorneys can frequently achievedismissal of the charges.

Examples of § 145.30 Prosecutions

Looking at real-world cases can shed light on how this statute is applied:

The Bandit Political Sign Poster

During an election season, a local candidate’s supporters were charged with criminal postings for placing the campaign signs in public road medians and private lawns without permission. Several dozen unlawful advertising violations were issued.

The Freelance Billboard Marketer

A man was issuing flyers and business cards offering his billboard posting services. But he had not obtained permissions and several properties complained after he illegally posted large billboard advertisements on their buildings. He was arrested for multiple PL § 145.30 violations.

The Street Artist

Spray painting creative graffiti on highway overpasses and buildings is considered illegal advertising under the statute. A prolific “artist” racked up over 60 criminal postings charges for his colorful creations before being apprehended.

Frequently Asked Questions about PL § 145.30

Common questions those charged under this statute have include:

What if it was just a small flyer or yard sign?

Size doesn’t matter – any unauthorized advertisement, even something small, can lead to violations.

Can I argue it was just litter not advertising?

The content must promote a business, product, service, candidate etc. to qualify as advertising. Littering charges are different.

Do I have to knowingly post without consent?

Mistaken violations are still unlawful. But proof of intent strengthens the prosecution’s case.

Can I be fined per sign posted?

Yes, prosecutors can issue one violation per location, rapidly escalating fines.

If charged with unlawfully posting advertisements under New York Penal Law § 145.30, experienced criminal defense counsel can guide you through the process and seek dismissal. Don’t delay – call the Spodek Law Group at 212-300-5196 to protect your rights. Let’s review your case details and build the strongest defense strategy immediately. Our goal is avoiding conviction and keeping your record clean.