NYSentencing

§ 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.
with Argument