New York Consolidated Laws, Penal Law - PEN § 145.65 Possession of graffiti instruments

A person is guilty of possession of graffiti instruments when he possesses any tool, instrument, article, substance, solution or other compound designed or commonly used to etch, paint, cover, draw upon or otherwise place a mark upon a piece of property which that person has no permission or authority to etch, paint, cover, draw upon or otherwise mark, under circumstances evincing an intent to use same in order to damage such property.

Possession of graffiti instruments is a class B misdemeanor.