New York Criminal Laws: Felony and Misdemeanor Classes, Theft, Self-Defense and Bail
New York criminal law basics: felony and misdemeanor classes and penalties, the felony theft amount, stand your ground and castle doctrine, statutes of limitations, bail and public defenders, from state statutes.
Quick answers for New York
- How much theft is a felony
- Petit larceny (stealing property) is a class A misdemeanor (§ 155.25). Larceny becomes a felony — grand larceny in the fourth degree, a class E felony — when the value of the property exceeds one thousand dollars, or regardless of value in listed cases such as a credit or debit card… N.Y. Penal Law §§ 155.25, 155.30, 155.35, 155.40, 155.42
- Stand your ground / duty to retreat
- New York has a duty to retreat. Even when the actor reasonably believes another person is using or about to use deadly physical force, the actor may not use deadly physical force if he or she knows that with complete personal safety to oneself and others he or she may avoid the necessity… N.Y. Penal Law § 35.15(2)
- Criminal statutes of limitations
- No limit: class A felonies and listed serious sex offenses (such as first-degree rape, aggravated sexual abuse, and first-degree course of sexual conduct against a child) may be commenced at any time. N.Y. Crim. Proc. Law § 30.10
- Marijuana possession
- Adult-use cannabis is legal for persons twenty-one years of age or older: possessing, purchasing, obtaining or transporting up to three ounces of cannabis and up to twenty-four grams of concentrated cannabis, giving those amounts without payment to another person 21 or older, and home… N.Y. Penal Law §§ 222.05, 222.10, 222.25, 222.30
Last verified: 2026-10-27
Felonies, misdemeanors and theft
| Felony classes and maximum sentences | Felonies are class A (A-I and A-II), B, C, D and E. Maximum terms of an indeterminate sentence (§ 70.00(2)): class A felony — life imprisonment; class B — shall not exceed twenty-five years; class C — shall not exceed fifteen years; class D — shall not exceed seven years; class E — shall not exceed four years. Minimum periods for class A: A-I — not less than fifteen years nor more than twenty-five years; A-II — not less than three years nor more than eight years four months (with exceptions for listed offenses such as first-degree murder). Separate determinate-sentence rules apply to violent felonies (§ 70.02) and drug felonies. Felony fines (§ 80.00(1)) may not exceed the higher of $5,000 or 'double the amount of the defendant's gain from the commission of the crime' (special schedules apply to drug felonies under articles 220 and 221). Fines: https://www.nysenate.gov/legislation/laws/PEN/80.00 |
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| Misdemeanor classes and maximum penalties | Class A misdemeanor — term shall not exceed three hundred sixty-four days; fine not exceeding one thousand dollars. Class B misdemeanor — term shall not exceed three months; fine not exceeding five hundred dollars. Unclassified misdemeanor — as specified in the law defining the crime, and in any event not to exceed three hundred sixty-four days; fine per the defining law. Violation — term shall not exceed fifteen days; fine not exceeding two hundred fifty dollars. References to 'one year' or '365 days' in misdemeanor sentences are treated as 364 days (§ 70.15(1-a)). Fines: https://www.nysenate.gov/legislation/laws/PEN/80.05 Source: N.Y. Penal Law §§ 70.15, 80.05 |
| How much theft is a felony | Petit larceny (stealing property) is a class A misdemeanor (§ 155.25). Larceny becomes a felony — grand larceny in the fourth degree, a class E felony — when the value of the property exceeds one thousand dollars, or regardless of value in listed cases such as a credit or debit card, property taken from the person, property obtained by extortion, a firearm, or a motor vehicle worth more than $100 (§ 155.30). Grand larceny in the third degree (class D felony): value exceeds three thousand dollars (§ 155.35). Second degree (class C felony): value exceeds fifty thousand dollars (§ 155.40). First degree (class B felony): value exceeds one million dollars (§ 155.42). |
Self-defense
| Stand your ground / duty to retreat | New York has a duty to retreat. Even when the actor reasonably believes another person is using or about to use deadly physical force, the actor may not use deadly physical force if he or she knows that with complete personal safety to oneself and others he or she may avoid the necessity of so doing by retreating; except that the actor is under no duty to retreat if he or she is in his or her dwelling and not the initial aggressor, or is a police officer or peace officer (or a person assisting one at the officer's direction). Deadly physical force may also be used when the actor reasonably believes the other person is committing or attempting to commit a kidnapping, forcible rape, forcible aggravated sexual abuse or robbery, or a burglary as provided in § 35.20(3). Source: N.Y. Penal Law § 35.15(2) |
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| Castle doctrine (defending your home) | No duty to retreat in one's dwelling if not the initial aggressor (§ 35.15(2)(a)). A person in possession or control of, or licensed or privileged to be in, a dwelling or an occupied building, who reasonably believes that another person is committing or attempting to commit a burglary of such dwelling or building, may use deadly physical force upon such other person when he or she reasonably believes such to be necessary to prevent or terminate the commission or attempted commission of such burglary (§ 35.20(3)). |
Charges, bail and your lawyer
| Criminal statutes of limitations | No limit: class A felonies and listed serious sex offenses (such as first-degree rape, aggravated sexual abuse, and first-degree course of sexual conduct against a child) may be commenced at any time. Second-degree rape, second-degree criminal sexual act and certain second-degree incest: within twenty years, or ten years from the first report to police, whichever is earlier. Third-degree rape and third-degree criminal sexual act: ten years. Other felonies: within five years after the commission thereof. Misdemeanors: within two years. Petty offenses (violations): within one year. For certain sex offenses against a child under 18, the period shall not begin to run until the child has reached the age of twenty-three or the offense is reported, whichever is earlier. Time is excluded while the defendant is continuously outside New York or whereabouts are continuously unknown, but in no event shall the period of limitation be extended by more than five years. Source: N.Y. Crim. Proc. Law § 30.10 |
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| Bail and pretrial release | The court issues a securing order after making an individualized determination about the risk that the principal will not return to court, and must explain its choice on the record or in writing. The court shall release the principal pending trial on the principal's own recognizance, unless it finds that release will not reasonably assure the principal's return to court; the court must consider the kind and degree of control or restriction necessary to reasonably assure the principal's return to court. Monetary bail or remand is available only for a 'qualifying offense' listed in § 510.10(4) (for example, any crime alleged to have caused the death of another person); for a qualifying offense the court may release on recognizance or non-monetary conditions, fix bail, or (for a felony) commit the principal to the sheriff. When monetary bail is authorized, the court must consider the principal's individual financial circumstances. If the principal is financially unable to obtain counsel, counsel shall be assigned. Most recent revision shown on the page: 2023-06-09. Source: N.Y. Crim. Proc. Law § 510.10 |
| Right to a public defender | Each county (and New York City) must operate a plan for providing counsel to persons charged with a crime who are financially unable to obtain counsel, through a public defender, a legal aid bureau or society, a bar association assigned-counsel plan or conflict defender, or a combination (County Law § 722). Judges decide eligibility; providers often screen applicants and make recommendations. Under the statewide eligibility standards of the Office of Indigent Legal Services (issued under Executive Law § 832), income at or below 250% of the Federal Poverty Guidelines is one of four presumptions of eligibility, an applicant who is incarcerated, detained or confined to a mental health institution is presumptively eligible, and applicants above the income line are not automatically denied. ILS publishes an Assigned Counsel Eligibility Application Form. Statute: https://www.nysenate.gov/legislation/laws/CNT/722 ; standards: https://www.ils.ny.gov/resources_standards/eligibility_resources/eligibility_standards.php |
Other common questions
| Age of consent | A person is deemed incapable of consent when he or she is 'less than seventeen years old' (§ 130.05(3)(a)). Rape in the third degree (class E felony) includes vaginal, oral or anal sexual contact by a person twenty-one years old or more with a person less than seventeen years old (§ 130.25(4)-(6)). Rape in the second degree (class D felony) includes a person eighteen years old or more engaging in vaginal sexual contact with another person less than fifteen years old (§ 130.30(1)). Close-in-age: for § 130.30(1)-(3) it is an affirmative defense that 'the defendant was less than four years older than the victim at the time of the act.' §§ 130.25 and 130.30 as revised 2024-09-06: https://www.nysenate.gov/legislation/laws/PEN/130.25 ; https://www.nysenate.gov/legislation/laws/PEN/130.30 |
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| Marijuana possession | Adult-use cannabis is legal for persons twenty-one years of age or older: possessing, purchasing, obtaining or transporting up to three ounces of cannabis and up to twenty-four grams of concentrated cannabis, giving those amounts without payment to another person 21 or older, and home cultivation in accordance with § 222.15 are lawful (§ 222.05). Possessing more than three ounces of cannabis or more than twenty-four grams of concentrated cannabis is unlawful possession of cannabis, a violation punishable by a fine of not more than one hundred twenty-five dollars (§ 222.25). Possessing more than sixteen ounces of cannabis or more than five ounces of concentrated cannabis is criminal possession of cannabis in the third degree, a class A misdemeanor (§ 222.30). Smoking or vaping cannabis where it is prohibited carries a civil penalty not exceeding twenty-five dollars or up to twenty hours of community service (§ 222.10). |
Assault, battery and domestic violence
| Assault | New York's basic assault crime is assault in the third degree: intentionally causing physical injury to someone, recklessly causing physical injury, or causing physical injury with criminal negligence by means of a deadly weapon or dangerous instrument. It is a class A misdemeanor (up to 364 days in jail and a $1,000 fine). Assault in the second degree, a class D felony (up to 7 years), covers causing serious physical injury intentionally, injuring someone with a deadly weapon or dangerous instrument, and injuring certain protected victims such as police or peace officers, transit workers, school employees on school grounds, and people 65 or older (when the attacker is more than ten years younger). Assault in the first degree, a class B felony (up to 25 years), includes intentionally causing serious physical injury with a deadly weapon or dangerous instrument, intentionally causing serious and permanent disfigurement or disability, and causing serious physical injury with depraved indifference to human life. Menacing (threats without injury) is charged under separate sections. Second degree: https://www.nysenate.gov/legislation/laws/PEN/120.05 ; first degree: https://www.nysenate.gov/legislation/laws/PEN/120.10 . Class penalties: class A misdemeanor up to 364 days and a fine up to $1,000; class B misdemeanor up to three months and $500; violation up to 15 days and $250 (Penal Law §§ 70.15, 80.05). Maximum prison terms: class B felony 25 years, class C 15 years, class D 7 years, class E 4 years (§ 70.00(2)); violent felony offenses are sentenced to determinate terms under § 70.02. |
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| Battery | New York has no crime called battery; injuring someone is charged as assault (Penal Law article 120). An offensive touching without injury, such as striking, shoving or kicking someone (or attempting or threatening to) with intent to harass, annoy or alarm, is harassment in the second degree, which is a violation, not a crime (up to 15 days in jail and a $250 fine). Physical contact made with intent to harass that causes physical injury to the person or a family or household member is aggravated harassment in the second degree, a class A misdemeanor. Aggravated harassment: https://www.nysenate.gov/legislation/laws/PEN/240.30 |
| Domestic violence | New York does not have a separate domestic violence crime; violence against a family or household member is charged under the regular offenses, such as assault, harassment, menacing and stalking. Choking or blocking someone's nose or mouth with intent to impede breathing or blood flow is criminal obstruction of breathing or blood circulation, a class A misdemeanor, and becomes strangulation in the second degree, a class D felony (up to 7 years), when it causes stupor, loss of consciousness for any period of time, or any other physical injury or impairment. A misdemeanor 'specified offense' committed against a family or household member becomes aggravated family offense, a class E felony (up to 4 years), when the person has one or more prior convictions for a specified offense within the immediately preceding five years (not counting time incarcerated). Obstruction of breathing: https://www.nysenate.gov/legislation/laws/PEN/121.11 ; strangulation 2nd: https://www.nysenate.gov/legislation/laws/PEN/121.12 |
| Harassment and stalking | Harassment in the second degree (shoving or striking, following someone in public, or a course of alarming conduct with no legitimate purpose) is a violation; intentionally and repeatedly harassing another person is harassment in the first degree, a class B misdemeanor. Threatening someone by telephone, computer or other electronic means, or making calls with no legitimate purpose, is aggravated harassment in the second degree, a class A misdemeanor. Stalking in the fourth degree (a course of conduct aimed at a specific person, including GPS tracking, that causes reasonable fear of material harm or, after being told to stop, emotional harm or fear for one's job) is a class B misdemeanor; third degree (a class A misdemeanor) covers threats of physical injury, multiple victims, or a prior stalking or predicate conviction within ten years. Stalking becomes a felony as stalking in the second degree, a class E felony, when a weapon is displayed or threatened, the victim is under fourteen (and the stalker is 21 or older), or there are certain prior convictions or ten or more victims, and stalking in the first degree, a class D felony, when the stalker causes physical injury or commits certain sex offenses. Harassment: https://www.nysenate.gov/legislation/laws/PEN/240.25 , https://www.nysenate.gov/legislation/laws/PEN/240.26 , https://www.nysenate.gov/legislation/laws/PEN/240.30 ; stalking: https://www.nysenate.gov/legislation/laws/PEN/120.50 , https://www.nysenate.gov/legislation/laws/PEN/120.55 , https://www.nysenate.gov/legislation/laws/PEN/120.60 . |
Shoplifting, burglary, vandalism and trespassing
| Shoplifting and petty theft | New York has no separate shoplifting crime; stealing merchandise is charged as larceny. Stealing property worth $1,000 or less (with no other felony factor) is petit larceny, a class A misdemeanor punishable by up to 364 days in jail and a fine up to $1,000. Penal Law § 155.25 contains no rule that makes repeat petit larceny a felony. Under the civil shoplifting statute, a merchant may recover from an adult (or from the parent of an unemancipated minor) the retail price of goods not recovered in merchantable condition, up to $1,500, plus a penalty of the greater of five times the retail price or $75, but not more than $500; no criminal conviction is required. Civil liability: https://www.nysenate.gov/legislation/laws/GOB/11-105 . Felony value tiers are in data/criminal (felony_theft_threshold). |
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| Burglary and robbery | Burglary is knowingly entering or remaining unlawfully in a building with intent to commit a crime there. Burglary in the third degree is a class D felony (up to 7 years); it becomes second degree, a class C felony (up to 15 years), when the building is a dwelling or the burglar is armed with explosives or a deadly weapon, injures a non-participant, uses or threatens a dangerous instrument, or displays what appears to be a firearm; and first degree, a class B felony (up to 25 years), when one of those weapon or injury factors occurs in a dwelling. Robbery is forcibly stealing property. Robbery in the third degree is a class D felony; second degree, a class C felony, applies when an accomplice is actually present, a non-participant is injured, what appears to be a firearm is displayed, or the property is a motor vehicle; first degree, a class B felony, applies when someone is seriously injured, the robber is armed with a deadly weapon, uses or threatens a dangerous instrument, or displays what appears to be a firearm. Burglary 3rd/2nd: https://www.nysenate.gov/legislation/laws/PEN/140.20 , https://www.nysenate.gov/legislation/laws/PEN/140.25 ; robbery: https://www.nysenate.gov/legislation/laws/PEN/160.05 , https://www.nysenate.gov/legislation/laws/PEN/160.10 , https://www.nysenate.gov/legislation/laws/PEN/160.15 . Most burglary 1st/2nd and robbery offenses are violent felony offenses sentenced to determinate terms under § 70.02; the maximums are the same as § 70.00(2). For an unloaded or inoperable firearm, an affirmative defense reduces the first-degree charge. |
| Vandalism (property damage) | Vandalism is called criminal mischief in New York. Intentionally damaging someone else's property (or recklessly damaging it by more than $250) is criminal mischief in the fourth degree, a class A misdemeanor (up to 364 days and $1,000). Intentionally damaging property by more than $250 is criminal mischief in the third degree, a class E felony (up to 4 years); more than $1,500 is criminal mischief in the second degree, a class D felony (up to 7 years); damaging property by means of an explosive is criminal mischief in the first degree, a class B felony. Graffiti (etching, painting, covering or drawing on property with intent to damage it, without the owner's permission) is a separate crime, making graffiti, a class A misdemeanor. Third degree: https://www.nysenate.gov/legislation/laws/PEN/145.05 ; second: https://www.nysenate.gov/legislation/laws/PEN/145.10 ; first: https://www.nysenate.gov/legislation/laws/PEN/145.12 ; graffiti: https://www.nysenate.gov/legislation/laws/PEN/145.60 . Criminal mischief 3rd also covers breaking into a locked vehicle to steal with three or more qualifying convictions in ten years (§ 145.05(1)). |
| Trespassing | Knowingly entering or remaining unlawfully in or on any premises is trespass, a violation (up to 15 days and $250). It is criminal trespass in the third degree, a class B misdemeanor (up to three months and $500), when the place is a building or real property fenced or enclosed to keep out intruders, or a school, public housing project or posted railroad right-of-way in violation of posted rules or a direct order to leave. Unlawfully entering or remaining in a dwelling is criminal trespass in the second degree, a class A misdemeanor (up to 364 days and $1,000). Criminal trespass in the first degree, a class D felony (up to 7 years), is unlawfully entering or remaining in a building while possessing explosives, a deadly weapon, or a firearm with ammunition. Trespass: https://www.nysenate.gov/legislation/laws/PEN/140.05 ; 2nd: https://www.nysenate.gov/legislation/laws/PEN/140.15 ; 1st: https://www.nysenate.gov/legislation/laws/PEN/140.17 . Criminal trespass 2nd also covers certain level two or three registered sex offenders entering their victim's school (§ 140.15(2)). |
Drugs and driving crimes
| Drug possession | Knowingly and unlawfully possessing any amount of a controlled substance is criminal possession of a controlled substance in the seventh degree, a class A misdemeanor (up to 364 days and $1,000); trace residue in a syringe does not count, and possession discovered while seeking emergency help for an overdose is excluded. Possession becomes a felony based on amount or intent to sell; for example, possessing 500 milligrams or more of cocaine, or narcotic preparations weighing one-half ounce or more, is fifth-degree possession, a class D felony. Possessing or selling cutting agents, glassine envelopes or vials, or scales for packaging or weighing drugs for unlawful use is criminally using drug paraphernalia in the second degree, a class A misdemeanor. People charged by indictment with class B through E felony drug offenses may be eligible for judicial diversion into treatment under Criminal Procedure Law article 216. Fifth degree: https://www.nysenate.gov/legislation/laws/PEN/220.06 ; paraphernalia: https://www.nysenate.gov/legislation/laws/PEN/220.50 ; diversion: https://www.nysenate.gov/legislation/laws/CPL/216.00 |
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| Hit and run | A driver involved in a crash that causes property damage or injury must stop and give a license and insurance information. Leaving the scene of a property-damage-only crash is a traffic infraction punishable by a fine up to $250, up to 15 days in jail, or both. Leaving the scene of a crash that injured a person is a class A misdemeanor with a fine of $750 to $1,000; a repeat conviction is a class E felony with a fine of $1,000 to $3,000. If the injury is serious physical injury, leaving the scene is a class E felony (fine $1,000 to $5,000), and if the person dies it is a class D felony (fine $2,000 to $5,000). In an injury crash, merely failing to show a license/insurance card or exchange information is a class B misdemeanor (fine $250-$500) on a first offense. |
| Reckless driving | Reckless driving is driving a motor vehicle, motorcycle or other motor-propelled vehicle in a way that unreasonably interferes with the free and proper use of a public highway or parking lot, or unreasonably endangers its users. It is a misdemeanor. Under the general penalty for Vehicle and Traffic Law misdemeanors, a first conviction carries a fine up to $300, up to 30 days in jail, or both; a second violation within 18 months up to $525, up to 90 days, or both; and a third within 18 months up to $1,125, up to 180 days, or both, with a minimum $100 fine for a third or later reckless driving conviction. Penalties: https://www.nysenate.gov/legislation/laws/VAT/1801 . |
Arrests, court dates and probation
| Resisting arrest | Intentionally preventing or trying to prevent a police or peace officer from making an authorized arrest of oneself or another person is resisting arrest, a class A misdemeanor (up to 364 days and $1,000). Intentionally interfering with a public servant's official duties by intimidation, physical force or interference is obstructing governmental administration in the second degree, also a class A misdemeanor. Fleeing a uniformed officer or marked police car after a signal to stop, by driving 25 mph or more over the speed limit or driving recklessly, is unlawful fleeing a police officer in a motor vehicle in the third degree, a class A misdemeanor; it is a class E felony (second degree) if the flight causes serious physical injury to an officer or another person, and a class D felony (first degree) if it causes a death. Obstructing: https://www.nysenate.gov/legislation/laws/PEN/195.05 ; fleeing: https://www.nysenate.gov/legislation/laws/PEN/270.25 , https://www.nysenate.gov/legislation/laws/PEN/270.30 , https://www.nysenate.gov/legislation/laws/PEN/270.35 |
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| Missing a court date | Missing a court date is called bail jumping in New York. It applies to a person released by court order on bail or their own recognizance who does not appear personally on the required date 'or voluntarily within thirty days thereafter.' Bail jumping in the third degree (any criminal action) is a class A misdemeanor (up to 364 days in jail and a fine up to $1,000); bail jumping in the second degree, where the person was facing a felony charge, is a class E felony (up to four years); bail jumping in the first degree, where the person was facing an indictment for a class A or class B felony, is a class D felony (up to seven years). The court may secure attendance by notification or a bench warrant, but before issuing a bench warrant for a missed date it generally must give the person or their lawyer at least 48 hours' notice to appear voluntarily, unless the person was charged with a new crime while released or there is credible evidence the failure was willful. Second degree: https://www.nysenate.gov/legislation/laws/PEN/215.56 ; first degree: https://www.nysenate.gov/legislation/laws/PEN/215.57 ; bench warrants: https://www.nysenate.gov/legislation/laws/CPL/510.50 |
| Probation violation | A judge decides a probation violation at a hearing that is 'a summary one by the court without a jury.' The court files a written statement of the condition allegedly violated and when, where and how it was violated; the person may cross-examine witnesses, present evidence, and is entitled to counsel at all stages, and the court must grant a reasonable adjournment to prepare. A finding of violation 'must be based upon a preponderance of the evidence.' If a violation is found, the court may revoke probation and impose a new sentence, or continue or modify the probation (and may extend it within the Penal Law limits); time already served on probation and time in custody are credited. Source: N.Y. Crim. Proc. Law § 410.70 |
| Obstruction of justice | Obstructing governmental administration in the second degree — intentionally obstructing, impairing or perverting the administration of law or other government function, or preventing a public servant from performing an official function, by intimidation, physical force or interference, or any independently unlawful act — is a class A misdemeanor (up to 364 days in jail and a fine up to $1,000). Witness tampering is graded by method: tampering in the fourth degree (improperly persuading a witness to stay away or not testify, or knowingly using false statements, fraud or deceit to affect testimony) is a class A misdemeanor (up to 364 days in jail and a fine up to $1,000), while tampering in the third degree, which uses threats of physical injury against a witness in a criminal proceeding, is a class E felony (up to four years). More serious degrees apply when injury is caused. Tampering 4th: https://www.nysenate.gov/legislation/laws/PEN/215.10 ; tampering 3rd: https://www.nysenate.gov/legislation/laws/PEN/215.11 |
| Perjury (lying under oath) | Perjury in the third degree — swearing falsely under oath — is a class A misdemeanor (up to 364 days in jail and a fine up to $1,000). Perjury in the second degree, a false sworn statement in a written instrument required by law to be sworn, made with intent to mislead a public servant and material to the matter, is a class E felony (up to four years). Perjury in the first degree, false sworn testimony that is material to the proceeding in which it is given, is a class D felony (up to seven years). Second degree: https://www.nysenate.gov/legislation/laws/PEN/210.10 ; first degree: https://www.nysenate.gov/legislation/laws/PEN/210.15 |
Public conduct crimes
| Public intoxication | New York's Penal Law offense for being intoxicated in public is limited to drugs: 'appearance in public under the influence of narcotics or a drug other than alcohol' — appearing in a public place under the influence to the degree that the person may endanger themselves, others or property, or annoy people nearby. It is a violation (up to 15 days and a fine up to $250), not a crime. Being drunk on alcohol in public is excluded from this offense; disruptive behavior can still be charged as disorderly conduct. |
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| Disorderly conduct | Disorderly conduct covers, with intent to cause public inconvenience, annoyance or alarm or recklessly creating a risk of it: fighting or violent, tumultuous or threatening behavior; unreasonable noise; abusive or obscene language or an obscene gesture in a public place; disturbing a lawful assembly or meeting; obstructing vehicle or pedestrian traffic; congregating with others in public and refusing a lawful police order to disperse; or creating a hazardous or physically offensive condition by an act serving no legitimate purpose. 'Disorderly conduct is a violation' — not a crime — punishable by up to 15 days in jail and a fine up to $250. |
| Indecent exposure | Public lewdness — intentionally exposing the private or intimate parts of one's body in a lewd manner or committing another lewd act in a public place, or on private premises where it can readily be seen from a public place and the person intends to be seen, or while trespassing in a dwelling where a lawful occupant sees it — is a class B misdemeanor (up to three months and a fine up to $500). Simple 'exposure of a person' (being in a public place with intimate body areas uncovered) is a violation (up to 15 days and a fine up to $250); breastfeeding and performers in a play or show are exempt. Exposure: https://www.nysenate.gov/legislation/laws/PEN/245.01 |
| Prostitution and solicitation | Prostitution — engaging, agreeing or offering to engage in sexual conduct with another person in return for a fee — is a class B misdemeanor (up to three months and a fine up to $500). Buying sex is called patronizing a person for prostitution; the basic offense, patronizing in the third degree, is a class A misdemeanor (up to 364 days in jail and a fine up to $1,000). Higher degrees apply when the person patronized is a minor. There is no legal exception anywhere in the state. Patronizing: https://www.nysenate.gov/legislation/laws/PEN/230.04 |
| Gambling | The New York State Gaming Commission regulates the legal forms of gambling: horse racing and pari-mutuel wagering, Class III Indian (tribal) gaming, the state lottery including video lottery terminals, commercial casino gaming, sports wagering, interactive fantasy sports, and charitable gaming; it urges people to 'wager with licensed operators only.' Running illegal gambling is 'promoting gambling': in the second degree (knowingly advancing or profiting from unlawful gambling) it is a class A misdemeanor (up to 364 days in jail and a fine up to $1,000); in the first degree it is a class E felony (up to four years) — bookmaking that accepts more than five bets totaling more than $5,000 in a day, or a lottery or policy scheme receiving more than $500 in a day or records from non-players. Promoting 2nd: https://www.nysenate.gov/legislation/laws/PEN/225.05 ; promoting 1st: https://www.nysenate.gov/legislation/laws/PEN/225.10 |
Fraud, embezzlement and blackmail
| Embezzlement | New York charges embezzlement as larceny: the larceny statute expressly includes 'common law larceny by trick, embezzlement, or obtaining property by false pretenses.' The grade depends on value: petit larceny (stealing property, when no grand larceny factor applies) is a class A misdemeanor (up to 364 days in jail and a fine up to $1,000); grand larceny in the fourth degree (over $1,000) is a class E felony; third degree (over $3,000) is a class D felony; second degree (over $50,000) is a class C felony; and first degree (over $1,000,000) is a class B felony (up to 25 years). Grades: https://www.nysenate.gov/legislation/laws/PEN/155.25 ; https://www.nysenate.gov/legislation/laws/PEN/155.30 ; https://www.nysenate.gov/legislation/laws/PEN/155.35 ; https://www.nysenate.gov/legislation/laws/PEN/155.40 ; https://www.nysenate.gov/legislation/laws/PEN/155.42 |
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| Fraud and identity theft | Identity theft is knowingly and with intent to defraud assuming another person's identity (by presenting as them, acting as them, or using their personal identifying information) and thereby obtaining goods, money, property, services or credit, causing financial loss, or committing a class A misdemeanor or higher crime. Identity theft in the third degree is a class A misdemeanor (up to 364 days in jail and a fine up to $1,000). It is a class E felony (second degree) if the amount obtained or the loss caused exceeds $500, it is done to commit a felony, or the person has a qualifying conviction in the past five years; and a class D felony (first degree) if the amount or loss exceeds $2,000, it is done to commit a class D or higher felony, or the person commits second-degree identity theft after a listed conviction (such as identity theft or grand larceny) within the previous five years. Second degree: https://www.nysenate.gov/legislation/laws/PEN/190.79 ; first degree: https://www.nysenate.gov/legislation/laws/PEN/190.80 |
| Forgery | Forgery is falsely making, completing or altering a written instrument with intent to defraud, deceive or injure. Forgery in the third degree is a class A misdemeanor (up to 364 days in jail and a fine up to $1,000). It is forgery in the second degree, a class D felony (up to seven years), when the instrument is a deed, will, contract, credit card or similar document affecting legal rights, a public record, an official government document, a token or transfer used in place of money, or a prescription; and forgery in the first degree, a class C felony (up to 15 years), when it is government-issued money, stamps or securities, or corporate stock or bonds. Issuing or passing a check knowing there are insufficient funds and intending that it be dishonored, when it is in fact dishonored, is 'issuing a bad check,' a class B misdemeanor (up to three months and a fine up to $500). Third degree: https://www.nysenate.gov/legislation/laws/PEN/170.05 ; first degree: https://www.nysenate.gov/legislation/laws/PEN/170.15 ; bad check: https://www.nysenate.gov/legislation/laws/PEN/190.05 |
| Blackmail (extortion) | Blackmail is charged as larceny by extortion: obtaining property by extortion is grand larceny in the fourth degree, a class E felony (up to four years), regardless of value, and grand larceny in the second degree, a class C felony (up to 15 years), when the threat instills fear of future physical injury, property damage, or abuse of a public servant's position. Forcing someone to act or not act through threats without taking property is coercion: coercion in the third degree is a class A misdemeanor (up to 364 days in jail and a fine up to $1,000), second degree (compelling a sexual act) a class E felony, and first degree (fear of physical injury or property damage, or compelling a felony or a public servant's breach of duty) a class D felony. Second-degree larceny by extortion: https://www.nysenate.gov/legislation/laws/PEN/155.40 ; coercion: https://www.nysenate.gov/legislation/laws/PEN/135.60 ; https://www.nysenate.gov/legislation/laws/PEN/135.61 ; https://www.nysenate.gov/legislation/laws/PEN/135.65 |
Murder, manslaughter and other serious crimes
| Murder (first vs second degree) | Murder in the first degree is an intentional killing with an aggravating factor, by a defendant over 18: for example killing a police officer, peace officer or judge, a contract killing, killing a witness, killing during a listed felony such as robbery or rape, multiple victims, torture, a prior murder conviction, or terrorism. Murder in the second degree covers other intentional killings, depraved-indifference killings, felony murder (a death during robbery, burglary, kidnapping, arson, first-degree rape and other listed crimes), and depraved-indifference conduct by an adult that kills a child under 11. Both are class A-I felonies punishable by up to life: first-degree murder carries a minimum of 20 to 25 years to life, or life without parole; second-degree murder a minimum of 15 to 25 years to life, with life without parole required for the form in § 125.25(5). Second degree: https://www.nysenate.gov/legislation/laws/PEN/125.25 ; sentences: https://www.nysenate.gov/legislation/laws/PEN/70.00 |
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| Manslaughter (voluntary, involuntary, vehicular) | Manslaughter in the first degree (causing death while intending serious injury, an intentional killing under extreme emotional disturbance, or an adult causing a child under 11's death while intending injury) is a class B felony (up to 25 years). Manslaughter in the second degree (recklessly causing a death, or intentionally causing or aiding a suicide) is a class C felony (up to 15 years). Criminally negligent homicide is a class E felony (up to four years). Vehicular manslaughter (causing a death while driving impaired by alcohol or drugs) is a class D felony in the second degree (up to seven years) and a class C felony in the first degree when aggravated, for example by a BAC of .18 or more, a suspended license, a prior DWI within ten years, multiple deaths, or killing a passenger 15 or younger. Aggravated vehicular homicide (reckless impaired driving with such an aggravator) is a class B felony. Second degree: https://www.nysenate.gov/legislation/laws/PEN/125.15 ; vehicular: https://www.nysenate.gov/legislation/laws/PEN/125.12, https://www.nysenate.gov/legislation/laws/PEN/125.13, https://www.nysenate.gov/legislation/laws/PEN/125.14 ; negligent homicide: https://www.nysenate.gov/legislation/laws/PEN/125.10 . Maximums shown are the indeterminate maximums in § 70.00(2); violent felonies have determinate ranges under § 70.02. |
| Child endangerment | Endangering the welfare of a child is a class A misdemeanor (up to 364 days in jail). It covers knowingly acting in a way likely to injure the physical, mental or moral welfare of a child under 17, or directing or allowing such a child into work dangerous to life or health; and a parent, guardian or other legally responsible person failing to use reasonable diligence to stop a child under 18 from becoming abused, neglected, a juvenile delinquent or a person in need of supervision. Leaving an infant 30 days old or younger safely with an appropriate person or suitable place, with prompt notice, is not an offense. The statute does not make it a felony. Source: N.Y. Penal Law § 260.10; § 70.15 |
| Arson | Arson in the first degree (intentionally damaging a building or vehicle by fire or explosion using an incendiary device or explosive, or causing serious injury, or for profit, when a non-participant is present and the actor knows or it is reasonably possible) is a class A-I felony (up to life). Arson in the second degree (intentionally setting fire to an occupied building or vehicle under the same knowledge rule) is a class B felony (up to 25 years). Arson in the third degree (intentionally damaging a building or vehicle by fire or explosion) is a class C felony (up to 15 years), with an affirmative defense for a sole owner acting for a lawful purpose without endangering others. Arson in the fourth degree (recklessly damaging a building or vehicle by intentionally starting a fire) is a class E felony (up to four years), and arson in the fifth degree (intentionally damaging another's property by fire without consent) is a class A misdemeanor. Other degrees: https://www.nysenate.gov/legislation/laws/PEN/150.15, https://www.nysenate.gov/legislation/laws/PEN/150.10, https://www.nysenate.gov/legislation/laws/PEN/150.05, https://www.nysenate.gov/legislation/laws/PEN/150.01 |
| Human trafficking | Sex trafficking (advancing or profiting from prostitution by drugging, deception, taking ID documents, debt bondage, or force or threats) is a class B felony (up to 25 years). Sex trafficking of a child (a person 21 or older advancing or profiting from the prostitution of someone under 18, with no defense of not knowing the age) is also a class B felony. Labor trafficking (compelling work by debt schemes, taking documents, or force or threats) is a class D felony (up to seven years), and aggravated labor trafficking (using drugs to impair the victim) is a class C felony (up to 15 years). Child: https://www.nysenate.gov/legislation/laws/PEN/230.34-A ; labor: https://www.nysenate.gov/legislation/laws/PEN/135.35, https://www.nysenate.gov/legislation/laws/PEN/135.37 . Some forms of sex trafficking are class B violent felonies with determinate terms of five to 25 years (§ 70.02). |
| Money laundering | Money laundering is graded by amount and source. Fourth degree, class E felony (up to four years): transactions exceeding $5,000 (or $10,000 in some forms). Third degree, class D felony (up to seven years): exceeding $10,000 of drug-sale proceeds or $50,000 of other criminal proceeds. Second degree, class C felony (up to 15 years): exceeding $50,000 of drug proceeds or $100,000 of other felony proceeds. First degree, class B felony (up to 25 years): exceeding $500,000 of drug proceeds or $1,000,000 of class A, B or C felony proceeds. Lower degrees: https://www.nysenate.gov/legislation/laws/PEN/470.15, https://www.nysenate.gov/legislation/laws/PEN/470.10, https://www.nysenate.gov/legislation/laws/PEN/470.05 |
Online crimes and teens
| Revenge porn (sharing intimate images) | Yes. Unlawful dissemination or publication of an intimate image is a class A misdemeanor (up to 364 days): intentionally sharing or publishing an identifiable image of another person with intimate parts exposed or engaged in sexual conduct, intending to harm their emotional, financial or physical welfare, when the person knew or should have known the depicted person did not consent and expected the image to remain private. It also covers realistic digitally created or altered ('deepfake') images. The depicted person may sue for compensatory and punitive damages, an injunction, and attorney's fees, within three years of the sharing or one year from discovering it, whichever is later. Civil action: https://www.nysenate.gov/legislation/laws/CVR/52-B |
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| Cyberbullying | The Dignity for All Students Act defines cyberbullying as harassment or bullying through any form of electronic communication and requires school policies and procedures to address it, but it sets no criminal penalty. Young people charged with an offense involving cyberbullying may be eligible for the state's up-to-eight-hour education reform program run by the Office of Children and Family Services. Education program: https://www.nysenate.gov/legislation/laws/SOS/458-L . |
| Sexting by minors | New York has no separate sexting offense, but its education reform program covers cases involving electronically sending or receiving obscenity or nudity when the sender and receiver were both under 20 and not more than five years apart in age. The program, run by the Office of Children and Family Services, is up to eight hours of instruction on the legal and non-legal consequences of sharing explicit images. It can be used as Family Court diversion or as a condition of an adjournment in contemplation of dismissal, conditional discharge or probation. Source: N.Y. Soc. Serv. Law § 458-l |
| Underage drinking and fake IDs | A person under 21 may not possess alcohol with intent to drink it, except as part of a required class or when given by a parent or guardian. The penalty is a fine of up to $50, an alcohol awareness program and/or up to 30 hours of community service; it is not a crime, not a conviction, and police may not arrest for it. Presenting false proof of age to buy alcohol is a violation: up to $100 and/or 30 hours of community service for a first offense, rising to $50-$350 and then $50-$750 for repeat offenses. If a driver's license was used, it can be suspended for three months (first offense), six months (second) or one year or until age 21, whichever is longer (third or later). False proof of age: https://www.nysenate.gov/legislation/laws/ABC/65-B |
| Animal cruelty | Overdriving, torturing, cruelly beating, unjustifiably injuring or killing an animal, or depriving it of necessary food or drink is a class A misdemeanor under the Agriculture and Markets Law (up to 364 days). Aggravated cruelty to animals (intentionally killing or seriously injuring a companion animal, with no justifiable purpose, in a way intended to cause extreme pain or in an especially depraved or sadistic manner) is a felony, with any jail term a definite sentence of up to two years. After a conviction the court may also order that the person not own, harbor or have custody of any other animals (other than farm animals) for a period it deems reasonable. Aggravated cruelty: https://www.nysenate.gov/legislation/laws/AGM/353-A ; ownership ban: https://www.nysenate.gov/legislation/laws/AGM/374 |
Everyday laws: driving, drinking, knives and fireworks
| Driving on a suspended license | Aggravated unlicensed operation in the third degree (driving when one knows or should know the license is suspended or revoked) is a misdemeanor: a $200-$500 fine, up to 30 days in jail, or both. The second degree is a misdemeanor with a fine of at least $500 and up to 180 days (or $500-$1,000 and seven to 180 days), triggered by a prior conviction within 18 months, a suspension for DWI or a chemical-test refusal, or three or more unpaid-ticket suspensions. The first degree is a class E felony (fine $500-$5,000 plus prison), for example when driving while intoxicated on a DWI-related suspension, with ten or more unpaid-ticket suspensions, or with five or more suspensions on separate dates. Source: N.Y. Veh. & Traf. Law § 511 |
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| Driving without a license | No one may drive a motor vehicle on a public highway without a license (except during a road test). The penalty is a fine of $75 to $300, up to 15 days in jail, or both; a license that lapsed within the past 60 days carries a fine of up to $40. |
| Open container in a car | Drinking alcohol, or possessing an open container of alcohol, in a motor vehicle on a public highway is prohibited for both the driver and passengers. Passengers in for-hire vehicles carrying 10 or more people operated under a Department of Transportation permit are exempt, and a resealed bottle of wine may be carried in the trunk or behind the last upright seat. A violation is a traffic infraction; the section sets no specific fine, so the general traffic-infraction penalty (up to $150 and/or 15 days for a first conviction) applies. General penalty: https://www.nysenate.gov/legislation/laws/VAT/1800 |
| Jaywalking | Pedestrians facing a steady 'Don't Walk' or upraised-hand signal may not start to cross, and those already crossing must continue to a sidewalk or safety island; with a 'Walk' signal they may cross and vehicles must yield. A pedestrian crossing anywhere other than a marked crosswalk or unmarked crosswalk at an intersection must yield to all vehicles, and may not cross an intersection diagonally unless signs allow it. Violations are traffic infractions; where no other penalty applies, a first conviction is a fine of up to $150, up to 15 days in jail, or both. Signals: https://www.nysenate.gov/legislation/laws/VAT/1112 ; penalty: https://www.nysenate.gov/legislation/laws/VAT/1800 |
| Knife laws | Possessing a switchblade knife, pilum ballistic knife, metal knuckle knife or cane sword is criminal possession of a weapon in the fourth degree, a class A misdemeanor (up to 364 days); gravity knives are no longer on the list. Possessing a dagger, dangerous knife, dirk, machete, razor, stiletto or undetectable knife is a crime only when done with intent to use it unlawfully against another person (also a class A misdemeanor). The state statute sets no blade-length limit, and its school-grounds weapon offense covers only rifles, shotguns and firearms. School grounds: https://www.nysenate.gov/legislation/laws/PEN/265.01-A |
| Fireworks | Fireworks and dangerous fireworks are illegal without a permit. 'Sparkling devices' (ground-based or hand-held devices whose main effect is a shower of sparks or smoke and that do not fly, shoot projectiles or explode, such as fountains and wooden sparklers) are excluded from the fireworks ban except in cities of one million or more (New York City). Possessing or using illegal fireworks is a violation; selling them is a class B misdemeanor, or a class A misdemeanor if worth $500 or more (possessing $150 or more is presumed intent to sell). Selling fireworks, dangerous fireworks or sparkling devices to anyone under 18 is a class A misdemeanor, and a repeat sale of dangerous fireworks to a minor within five years is a class E felony. Source: N.Y. Penal Law § 270.00 |
Kidnapping, threats and sex crimes
| Kidnapping | Kidnapping in the first degree (abducting someone to get ransom or force another person to act, holding them more than 12 hours to injure, sexually abuse, terrorize or advance a felony, or when the victim dies during the abduction) is a class A-I felony (life maximum; minimum of 15 to 25 years). Kidnapping in the second degree (abducting another person) is a class B felony (up to 25 years). Unlawful imprisonment in the first degree (restraining someone in circumstances exposing them to risk of serious physical injury) is a class E felony (up to 4 years), and unlawful imprisonment in the second degree (restraining another person) is a class A misdemeanor (up to 364 days). Second degree: https://www.nysenate.gov/legislation/laws/PEN/135.20 ; unlawful imprisonment: https://www.nysenate.gov/legislation/laws/PEN/135.10 , https://www.nysenate.gov/legislation/laws/PEN/135.05 . Maximum prison terms (N.Y. Penal Law 70.00, 70.15): class A-I felony life; class B felony 25 years; class C 15 years; class D 7 years; class E 4 years; class A misdemeanor 364 days; class B misdemeanor 3 months. Felony fines up to $5,000 or double the gain (Penal Law 80.00). |
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| Criminal threats (terroristic threats) | New York's main threat offenses are 'menacing.' Menacing in the third degree (by physical menace, intentionally placing someone in fear of death, serious injury or physical injury) is a class B misdemeanor (up to 3 months). Menacing in the second degree (displaying a deadly weapon, dangerous instrument or what appears to be a firearm to cause such fear, repeatedly following or harassing someone to cause such fear, or menacing in violation of an order of protection) is a class A misdemeanor (up to 364 days). Menacing in the first degree (second-degree menacing with a prior menacing conviction within 10 years) is a class E felony (up to 4 years). Making a terroristic threat (threatening a specified offense to intimidate a civilian population or influence government, causing reasonable fear it will happen) is a class D felony (up to 7 years). Third degree: https://www.nysenate.gov/legislation/laws/PEN/120.15 ; first degree: https://www.nysenate.gov/legislation/laws/PEN/120.13 ; terroristic threat: https://www.nysenate.gov/legislation/laws/PEN/490.20 . Maximum prison terms (N.Y. Penal Law 70.00, 70.15): class A-I felony life; class B felony 25 years; class C 15 years; class D 7 years; class E 4 years; class A misdemeanor 364 days; class B misdemeanor 3 months. Felony fines up to $5,000 or double the gain (Penal Law 80.00). |
| Sexual assault and rape | New York grades rape in three degrees; since September 2024 rape covers vaginal, oral and anal sexual contact. Rape in the first degree (by forcible compulsion, with someone physically helpless, or with a child under 11, or under 13 by an adult 18 or older) is a class B felony (up to 25 years). Rape in the second degree (an adult with someone under 15, or with someone incapable of consent because of a mental disability or incapacity) is a class D felony (up to 7 years). Rape in the third degree (with someone incapable of consent for reasons other than age, a person under 17 by someone 21 or older, or without consent for other reasons) is a class E felony (up to 4 years). Sexual abuse in the first degree (sexual contact by forcible compulsion or with a physically helpless person) is a class D felony. For sex with minors under the age of consent, see the age-of-consent page. Second degree: https://www.nysenate.gov/legislation/laws/PEN/130.30 ; third degree: https://www.nysenate.gov/legislation/laws/PEN/130.25 ; sexual abuse 1st: https://www.nysenate.gov/legislation/laws/PEN/130.65 . Maximum terms (N.Y. Penal Law 70.00, 70.15): class A felony life; class B up to 25 years; class C up to 15 years; class D up to 7 years; class E up to 4 years; class A misdemeanor up to 364 days. |
| Child molestation (child sexual abuse) | Rape in the first degree includes sexual contact with a child under 11, or under 13 by someone 18 or older (class B felony, up to 25 years). Course of sexual conduct against a child in the first degree (repeated sexual acts over at least three months with a child under 11, or under 13 by someone 18 or older) is also a class B felony. Predatory sexual assault against a child (an adult committing first-degree rape, aggravated sexual abuse or first-degree course of sexual conduct against a child under 13) is a class A-II felony, with a maximum of life imprisonment. Sexual abuse in the first degree (sexual contact with a child under 11, or under 13 by someone 21 or older) is a class D felony (up to 7 years). Course of sexual conduct: https://www.nysenate.gov/legislation/laws/PEN/130.75 ; first-degree rape: https://www.nysenate.gov/legislation/laws/PEN/130.35 ; sexual abuse 1st: https://www.nysenate.gov/legislation/laws/PEN/130.65 . Maximum terms (N.Y. Penal Law 70.00, 70.15): class A felony life; class B up to 25 years; class C up to 15 years; class D up to 7 years; class E up to 4 years; class A misdemeanor up to 364 days. |
| Child pornography (child sexual abuse material) | New York calls these crimes involving a 'sexual performance by a child', and the laws cover digitally created or altered material. Use of a child in a sexual performance (employing, authorizing or inducing a child under 17 to take part) is a class C felony (up to 15 years). Promoting a sexual performance by a child under 17 (producing, directing or promoting it) is a class D felony (up to 7 years), as is promoting an obscene sexual performance by a child. Possessing, or knowingly accessing with intent to view, a sexual performance by a child under 16 (and possessing an obscene one) is a class E felony (up to 4 years). Use of a child: https://www.nysenate.gov/legislation/laws/PEN/263.05 ; promoting: https://www.nysenate.gov/legislation/laws/PEN/263.15 ; obscene: https://www.nysenate.gov/legislation/laws/PEN/263.10, https://www.nysenate.gov/legislation/laws/PEN/263.11 . Maximum terms (N.Y. Penal Law 70.00, 70.15): class A felony life; class B up to 25 years; class C up to 15 years; class D up to 7 years; class E up to 4 years; class A misdemeanor up to 364 days. |
| Online solicitation of a minor | Disseminating indecent material to minors in the first degree covers knowingly using a computer or online system to start or carry on communication with a minor that depicts or describes nudity or sexual conduct harmful to minors, and through it luring, inviting or persuading the minor to engage in sexual contact or a sexual performance. It is a class D felony: up to 7 years. Maximum terms (N.Y. Penal Law 70.00, 70.15): class A felony life; class B up to 25 years; class C up to 15 years; class D up to 7 years; class E up to 4 years; class A misdemeanor up to 364 days. Source: N.Y. Penal Law 235.22; 70.00 |
| Sex offender registration | People convicted of listed sex offenses register under the Sex Offender Registration Act and are assigned a risk level (1, 2 or 3) by the court. Level 1 offenders register and verify annually for 20 years. Level 2 and Level 3 offenders register for life (Level 2 designated on or after March 11, 2002), as do offenders designated sexual predators, sexually violent offenders or predicate sex offenders; Level 3 offenders and sexual predators must also verify their address in person every 90 days. A Level 2 offender without those designations may petition to be relieved of registration after 30 years, and any registrant may petition once a year to change the risk level. Failing to register or verify is a class E felony (up to 4 years) for a first offense and a class D felony (up to 7 years) for a later offense. Relief: https://www.nysenate.gov/legislation/laws/COR/168-O ; penalty: https://www.nysenate.gov/legislation/laws/COR/168-T . Maximum terms (N.Y. Penal Law 70.00, 70.15): class A felony life; class B up to 25 years; class C up to 15 years; class D up to 7 years; class E up to 4 years; class A misdemeanor up to 364 days. |
Car theft, stolen property and drugs
| Car theft and joyriding | Stealing a motor vehicle (other than a motorcycle) worth more than $100 is grand larceny in the fourth degree, a class E felony (up to 4 years); higher values follow the grand larceny tiers (over $3,000 class D, over $50,000 class C, over $1 million class B). Unauthorized use of a vehicle in the third degree ('joyriding': knowingly taking, operating or riding in a vehicle without the owner's consent, or keeping a rented or serviced vehicle in gross deviation from the agreement) is a class A misdemeanor; second degree (with a prior conviction within 10 years) is a class E felony; first degree (using the vehicle to commit or flee from a class A, B, C or D felony) is a class D felony. Unauthorized use: https://www.nysenate.gov/legislation/laws/PEN/165.05 , https://www.nysenate.gov/legislation/laws/PEN/165.06 , https://www.nysenate.gov/legislation/laws/PEN/165.08 . Maximum prison terms (N.Y. Penal Law 70.00, 70.15): class A-I felony life; class B felony 25 years; class C 15 years; class D 7 years; class E 4 years; class A misdemeanor 364 days; class B misdemeanor 3 months. Felony fines up to $5,000 or double the gain (Penal Law 80.00). |
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| Receiving stolen property | Criminal possession of stolen property (knowingly possessing stolen property intending to benefit oneself or someone other than the owner, or to keep it from the owner) is graded by value: fifth degree (any value) is a class A misdemeanor; fourth degree (over $1,000, or a credit/debit/public benefit card, a firearm, a motor vehicle worth over $100, or possession by a dealer in property) is a class E felony; third degree (over $3,000) is a class D felony; second degree (over $50,000) is a class C felony; first degree (over $1 million) is a class B felony. Using a website, app or location to offer retail goods for sale knowing or having reason to know they were stolen ('fostering the sale of stolen goods') is a class A misdemeanor. Fifth degree: https://www.nysenate.gov/legislation/laws/PEN/165.40 ; third-first degree: https://www.nysenate.gov/legislation/laws/PEN/165.50 , https://www.nysenate.gov/legislation/laws/PEN/165.52 , https://www.nysenate.gov/legislation/laws/PEN/165.54 ; fostering: https://www.nysenate.gov/legislation/laws/PEN/165.66 . Maximum prison terms (N.Y. Penal Law 70.00, 70.15): class A-I felony life; class B felony 25 years; class C 15 years; class D 7 years; class E 4 years; class A misdemeanor 364 days; class B misdemeanor 3 months. Felony fines up to $5,000 or double the gain (Penal Law 80.00). |
| Organized retail theft | New York does not have a separately named organized retail theft offense in the sections read, but since 2024 grand larceny in the fourth degree (a class E felony, up to 4 years) covers stealing retail goods or merchandise worth more than $1,000 under a common scheme or plan or a single ongoing intent, and the value may be added together across thefts even from different stores or owners. Offering stolen retail goods for sale for financial gain, online or at a physical location, is 'fostering the sale of stolen goods,' a class A misdemeanor. Aggregation subdivision added by L.2024, ch. 55, part FF. Fostering: https://www.nysenate.gov/legislation/laws/PEN/165.66 . Maximum prison terms (N.Y. Penal Law 70.00, 70.15): class A-I felony life; class B felony 25 years; class C 15 years; class D 7 years; class E 4 years; class A misdemeanor 364 days; class B misdemeanor 3 months. Felony fines up to $5,000 or double the gain (Penal Law 80.00). |
| Drug trafficking and intent to distribute | Selling a narcotic drug (such as heroin, cocaine or fentanyl) is criminal sale in the third degree, a class B felony; selling narcotic preparations weighing one-half ounce or more is second degree, a class A-II felony; two ounces or more is first degree, a class A-I felony. For a first-time drug felony offender, the determinate prison ranges are 8-20 years (A-I), 3-10 years (A-II), 1-9 years (B, with probation possible; 2-9 years for certain sales near schools or to children), 1-5.5 years (C), 1-2.5 years (D) and 1-1.5 years (E). Operating as a major trafficker (directing an organization whose sales reach $75,000 or more in 12 months, or selling or possessing for sale narcotics worth $75,000 or more within 6 months as a profiteer) is a class A-I felony carrying an indeterminate term up to life (a determinate 8-20 years may be imposed if the court finds the indeterminate term unduly harsh). Second/first degree: https://www.nysenate.gov/legislation/laws/PEN/220.41 , https://www.nysenate.gov/legislation/laws/PEN/220.43 ; major trafficker: https://www.nysenate.gov/legislation/laws/PEN/220.77 ; sentencing: https://www.nysenate.gov/legislation/laws/PEN/70.70 , https://www.nysenate.gov/legislation/laws/PEN/70.71 . Ranges for repeat offenders are higher. |
| Prescription drug fraud | New York's Public Health Law forbids obtaining or trying to obtain a controlled substance or a prescription for one by fraud, deceit, misrepresentation, subterfuge, concealing a material fact, or a false name or address, and forbids making or uttering a forged prescription; receiving controlled substances from one practitioner while hiding that from another practitioner who also supplies them ('doctor shopping') is also prohibited. Forging a prescription is forgery in the second degree, a class D felony (up to 7 years). Selling or receiving prescription medications or prescriptions for money ('criminal diversion') is a class A misdemeanor, a class E felony over $1,000 or with a prior conviction, class D over $3,000 and class C over $50,000; a practitioner or pharmacist who sells prescriptions or controlled substances outside good-faith practice commits a class C felony. Forgery: https://www.nysenate.gov/legislation/laws/PEN/170.10 ; diversion: https://www.nysenate.gov/legislation/laws/PEN/178.15 ; practitioner sale: https://www.nysenate.gov/legislation/laws/PEN/220.65 . The specific penalty for violating Public Health Law 3397 was not confirmed in the sections read (Public Health Law 12-b(2) sets a default of up to 1 year and $10,000 where no other penalty is prescribed). Maximum prison terms (N.Y. Penal Law 70.00, 70.15): class A-I felony life; class B felony 25 years; class C 15 years; class D 7 years; class E 4 years; class A misdemeanor 364 days; class B misdemeanor 3 months. Felony fines up to $5,000 or double the gain (Penal Law 80.00). |
Driving and boating
| Vehicular assault | Vehicular assault in the second degree (causing serious physical injury to someone while driving, or operating a boat, snowmobile or ATV, while intoxicated or impaired by alcohol or drugs) is a class E felony (up to 4 years). It becomes vehicular assault in the first degree, a class D felony (up to 7 years), with an aggravating factor: BAC of 0.18% or more, driving while knowingly suspended or revoked for a DWI-related reason, a DWI conviction within 10 years, injuring more than one person, a prior vehicular assault or homicide conviction, or seriously injuring a passenger 15 or younger. Aggravated vehicular assault, which adds reckless driving to one of the listed factors, is a class C felony (up to 15 years). First degree: https://www.nysenate.gov/legislation/laws/PEN/120.04 ; aggravated: https://www.nysenate.gov/legislation/laws/PEN/120.04-A . Maximum prison terms (N.Y. Penal Law 70.00, 70.15): class A-I felony life; class B felony 25 years; class C 15 years; class D 7 years; class E 4 years; class A misdemeanor 364 days; class B misdemeanor 3 months. Felony fines up to $5,000 or double the gain (Penal Law 80.00). |
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| Street racing | Holding, taking part in, or aiding a race, exhibition or contest of speed on a highway is a misdemeanor punishable by up to 30 days in jail, a fine of $300 to $525, or both. A second violation within 12 months carries up to 6 months in jail, a fine of $525 to $750, or both. License consequences were not stated in this section and were not confirmed elsewhere. |
| Boating under the influence (BUI) | Operating a vessel with a BAC of 0.08% or more (0.04% for a public vessel), or while intoxicated or impaired by drugs, is a misdemeanor for a first offense: a fine of $500 to $1,000, up to one year in jail, or both, and a 12-month suspension of vessel operating privileges. A second violation within 10 years is a class E felony with a $1,000 to $5,000 fine and a 24-month suspension; a third within 10 years is a class D felony with a $2,000 to $10,000 fine. Boating while ability impaired by alcohol is a lesser offense with a $300 to $500 fine, up to 15 days in jail, and a 6- to 12-month suspension. Source: N.Y. Navigation Law 49-a(2), (3) |
Fraud, bribery and tax crimes
| Insurance fraud | Committing a fraudulent insurance act (such as a knowingly false claim or application) is insurance fraud in the fifth degree, a class A misdemeanor. When it is used to take or try to take property, it is graded by value: over $1,000 is fourth degree, a class E felony (up to 4 years); over $3,000 is third degree, a class D felony (up to 7 years); over $50,000 is second degree, a class C felony (up to 15 years); over $1 million is first degree, a class B felony (up to 25 years). Aggravated insurance fraud (a fraudulent insurance act with a prior insurance-fraud conviction within 5 years) is a class D felony. Fifth degree: https://www.nysenate.gov/legislation/laws/PEN/176.10 ; first degree: https://www.nysenate.gov/legislation/laws/PEN/176.30 ; aggravated: https://www.nysenate.gov/legislation/laws/PEN/176.35 . Maximum prison terms (N.Y. Penal Law 70.00, 70.15): class A-I felony life; class B felony 25 years; class C 15 years; class D 7 years; class E 4 years; class A misdemeanor 364 days; class B misdemeanor 3 months. Felony fines up to $5,000 or double the gain (Penal Law 80.00). |
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| Welfare and unemployment fraud | Welfare fraud (knowingly, with intent to defraud, making false statements, impersonating someone, or filing a false application to get, keep or increase public assistance benefits administered by social services, which includes benefits accessed by food stamp and medical assistance cards) is a class A misdemeanor, a class E felony over $1,000, class D over $3,000, class C over $50,000, and class B over $1 million. Trading or misusing a public benefit card (for example, exchanging it for money or drugs) is a separate offense starting as a class A misdemeanor. For unemployment insurance, a claimant who willfully makes a false statement to get benefits forfeits 1 to 20 effective weeks of future benefits, must repay all overpaid money, and pays a civil penalty of the greater of $100 or 15% of the overpayment. Definitions: https://www.nysenate.gov/legislation/laws/PEN/158.00 ; unemployment: https://www.nysenate.gov/legislation/laws/LAB/594 . Maximum prison terms (N.Y. Penal Law 70.00, 70.15): class A-I felony life; class B felony 25 years; class C 15 years; class D 7 years; class E 4 years; class A misdemeanor 364 days; class B misdemeanor 3 months. Felony fines up to $5,000 or double the gain (Penal Law 80.00). |
| Bribery | Bribery of a public servant (giving or offering any benefit with the understanding that the official's vote, decision or other official action will be influenced) is bribery in the third degree, a class D felony (up to 7 years); second degree (benefit over $5,000) is a class C felony (up to 15 years); first degree (benefit over $100,000, or to influence a class A felony investigation or prosecution) is a class B felony (up to 25 years). A public servant who solicits, accepts or agrees to accept a benefit on that understanding commits bribe receiving in the third degree, a class D felony (up to 7 years); bribe receiving in the second degree (benefit over $5,000) is a class C felony (up to 15 years); and bribe receiving in the first degree (benefit over $100,000, or to influence the investigation, arrest, detention, prosecution or incarceration of someone for a class A felony under Penal Law article 220) is a class B felony (up to 25 years). Commercial bribing (benefiting an employee, agent or fiduciary without the employer's consent to influence their conduct) is a class A misdemeanor, or a class E felony if the benefit exceeds $1,000 and causes the employer more than $250 in economic harm. Second/first degree: https://www.nysenate.gov/legislation/laws/PEN/200.03 , https://www.nysenate.gov/legislation/laws/PEN/200.04 ; bribe receiving: https://www.nysenate.gov/legislation/laws/PEN/200.10 ; commercial bribing: https://www.nysenate.gov/legislation/laws/PEN/180.03 . Maximum prison terms (N.Y. Penal Law 70.00, 70.15): class A-I felony life; class B felony 25 years; class C 15 years; class D 7 years; class E 4 years; class A misdemeanor 364 days; class B misdemeanor 3 months. Felony fines up to $5,000 or double the gain (Penal Law 80.00). |
| State tax evasion | A 'tax fraud act' is a willful act such as failing to file a return, filing a false return, giving false information in an audit, failing to remit collected taxes, failing to collect required taxes, or failing to pay tax intending to evade it. Committing one is criminal tax fraud in the fifth degree, a class A misdemeanor. When done to evade tax or defraud the state and the shortfall within one year exceeds $3,000, it is fourth degree (class E felony); over $10,000 is third degree (class D); over $50,000 is second degree (class C); over $1 million is first degree (class B, up to 25 years). Grades: https://www.nysenate.gov/legislation/laws/TAX/1802 , https://www.nysenate.gov/legislation/laws/TAX/1803 , https://www.nysenate.gov/legislation/laws/TAX/1804 , https://www.nysenate.gov/legislation/laws/TAX/1805 , https://www.nysenate.gov/legislation/laws/TAX/1806 . Maximum prison terms (N.Y. Penal Law 70.00, 70.15): class A-I felony life; class B felony 25 years; class C 15 years; class D 7 years; class E 4 years; class A misdemeanor 364 days; class B misdemeanor 3 months. Felony fines up to $5,000 or double the gain (Penal Law 80.00). |
| Computer hacking and cybercrime | Unauthorized use of a computer (knowingly using or accessing a computer, service or network without authorization) is a class A misdemeanor (up to 364 days). Computer trespass (unauthorized access intending to commit a felony, or gaining access to computer material) is a class E felony (up to 4 years). Computer tampering (unauthorized access and intentionally altering or destroying another's data or programs) is a class A misdemeanor in the fourth degree; third degree (class E felony) if done to commit a felony, after a prior conviction, or causing over $1,000 in damage; second degree (class D felony) above $3,000 or when altering medical records causes serious injury; and first degree (class C felony, up to 15 years) above $50,000. Unauthorized use: https://www.nysenate.gov/legislation/laws/PEN/156.05 ; tampering: https://www.nysenate.gov/legislation/laws/PEN/156.20, https://www.nysenate.gov/legislation/laws/PEN/156.25, https://www.nysenate.gov/legislation/laws/PEN/156.26, https://www.nysenate.gov/legislation/laws/PEN/156.27 . A provision naming ransomware was not found in the sections read. Maximum terms (N.Y. Penal Law 70.00, 70.15): class A felony life; class B up to 25 years; class C up to 15 years; class D up to 7 years; class E up to 4 years; class A misdemeanor up to 364 days. |
Guns, recording, courts and juveniles
| Felon in possession of a firearm | New York does not have one 'felon in possession' crime. Possessing a rifle, shotgun, antique or muzzle-loading firearm after a felony or 'serious offense' conviction is criminal possession of a weapon in the fourth degree, a class A misdemeanor (up to 364 days). Committing listed fourth-degree weapon possession offenses after having been convicted of any crime is criminal possession of a weapon in the third degree, a class D felony (up to 7 years). Handguns require a license, and possessing a firearm without one is charged under other weapon-possession sections that were not read for this entry. Third degree: https://www.nysenate.gov/legislation/laws/PEN/265.02 . Maximum terms (N.Y. Penal Law 70.00, 70.15): class A felony life; class B up to 25 years; class C up to 15 years; class D up to 7 years; class E up to 4 years; class A misdemeanor up to 364 days. |
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| Recording conversations (one-party consent) | One-party consent. Eavesdropping, a class E felony (up to 4 years), means unlawfully wiretapping, mechanically overhearing a conversation, or intercepting or accessing an electronic communication. Wiretapping is defined as recording a phone call by someone who is not a sender or receiver and without the consent of either; mechanical overhearing is recording an in-person conversation by someone not present and without the consent of at least one party. So a participant in a call or conversation, or someone with one party's consent, may record it. Definitions: https://www.nysenate.gov/legislation/laws/PEN/250.00 . Maximum terms (N.Y. Penal Law 70.00, 70.15): class A felony life; class B up to 25 years; class C up to 15 years; class D up to 7 years; class E up to 4 years; class A misdemeanor up to 364 days. |
| Filing a false police report | Falsely reporting an incident in the third degree (knowingly reporting to police a crime that did not happen, giving false information about a crime, making a false report of an emergency to an emergency agency, or spreading a false warning likely to cause public alarm) is a class A misdemeanor (up to 364 days). False reports of a fire, explosion or hazardous-substance release are second degree, a class E felony (up to 4 years). It becomes first degree, a class D felony (up to 7 years), for a repeat second-degree offense, when an emergency responder is seriously injured or killed responding, when someone is seriously injured or killed in an emergency-vehicle crash, or for a false fire or explosion alarm at a school, arena, mall, transit facility or other public place. The sections read do not use the word swatting. Second degree: https://www.nysenate.gov/legislation/laws/PEN/240.55 ; first degree: https://www.nysenate.gov/legislation/laws/PEN/240.60 . Maximum terms (N.Y. Penal Law 70.00, 70.15): class A felony life; class B up to 25 years; class C up to 15 years; class D up to 7 years; class E up to 4 years; class A misdemeanor up to 364 days. |
| Hate crimes | Yes. A person commits a hate crime by committing a listed offense (including assault, menacing, homicide, sex offenses, kidnapping, burglary, criminal mischief, larceny, robbery, harassment and false reporting) and intentionally selecting the victim, or acting, because of a belief or perception about race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability or sexual orientation. For a misdemeanor or a class C, D or E felony, the offense is treated as one category higher; a violent felony stays a violent felony; class B and A-I felonies get higher minimum sentences (for example, at least 20 years minimum for a class A-I felony). The court must also order a hate-crime prevention or education program when one is appropriate and available. Sentencing: https://www.nysenate.gov/legislation/laws/PEN/485.10 . Maximum terms (N.Y. Penal Law 70.00, 70.15): class A felony life; class B up to 25 years; class C up to 15 years; class D up to 7 years; class E up to 4 years; class A misdemeanor up to 364 days. Source: N.Y. Penal Law 485.05, 485.10 |
| Parole violation | New York still has parole for some sentences and post-release supervision for determinate sentences; the Department of Corrections and Community Supervision and the Board of Parole handle violations. A parole officer reports a suspected violation and a notice of violation or warrant may issue; a preliminary hearing is held within 5 or 10 days (probable cause by a preponderance of the evidence) and a final revocation hearing within 30 or 45 days, where a charge must be proved by clear and convincing evidence. For most technical violations (non-criminal rule breaks), jail is barred or capped: no reincarceration for a first or second violation and up to 7, 15 or 30 days for later ones, with short caps for absconding, and the officer must impose the least restrictive reasonable sanction. If charges are sustained, the person may be restored to supervision, sent to community re-entry services, or reincarcerated (for post-release supervision, up to the remaining term, at most 5 years). Source: N.Y. Executive Law 259-i(3) |
| Violating a restraining order | Disobeying a court order, including an order of protection, is criminal contempt in the second degree, a class A misdemeanor (up to 364 days). Criminal contempt in the first degree, a class E felony (up to 4 years), covers violating an order of protection by threatening, following, repeatedly calling or communicating, physical contact or menace meant to cause fear, damaging the protected person's property over $250, or violating a stay-away order within 5 years of a prior contempt conviction. Aggravated criminal contempt, a class D felony (up to 7 years), covers violating an order of protection and causing physical injury, or repeat first-degree contempt after a prior aggravated contempt conviction or within 5 years of a prior first-degree conviction. Second degree: https://www.nysenate.gov/legislation/laws/PEN/215.50 ; aggravated: https://www.nysenate.gov/legislation/laws/PEN/215.52 . Maximum terms (N.Y. Penal Law 70.00, 70.15): class A felony life; class B up to 25 years; class C up to 15 years; class D up to 7 years; class E up to 4 years; class A misdemeanor up to 364 days. |
| Juveniles tried as adults | Under 'Raise the Age', people under 18 are generally not criminally responsible, with exceptions. A 13-year-old may be prosecuted for second-degree murder, and 14- and 15-year-olds for listed serious felonies such as first-degree kidnapping, arson, assault, manslaughter, rape and robbery, and certain school-grounds firearm possession (juvenile offenders). Sixteen- and seventeen-year-olds are responsible for felonies (adolescent offenders) but their cases begin in the Youth Part of adult court. For non-violent felonies the case must be removed to family court unless the district attorney shows 'extraordinary circumstances'; for violent and class A felonies it stays in the Youth Part only if the prosecutor proves the youth caused significant physical injury, displayed a firearm or deadly weapon, or committed a sex offense. Removal: https://www.nysenate.gov/legislation/laws/CPL/722.23 . |
Death penalty, three strikes and rights after a felony
| Death penalty | New York's death penalty is still written into its laws but cannot currently be imposed. Penal Law 60.06 still lists death as a possible sentence for first-degree murder, under the jury sentencing procedure in Criminal Procedure Law 400.27. In People v. LaValle (June 24, 2004), the Court of Appeals held that the jury deadlock instruction in CPL 400.27(10) is unconstitutional under article I, section 6 of the State Constitution and that this defect 'can only be cured by a new deadlock instruction from the Legislature'. The official text of CPL 400.27 (most recent revision 2020) still carries a note that subdivision 10 was declared unconstitutional, so the court-identified defect remains. First-degree murder is otherwise punished by life without parole or a class A-I prison term. Execution method was not read. No official source on whether anyone remains under a death sentence was read. |
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| Three strikes and habitual offender laws | New York has two repeat-offender laws. A persistent violent felony offender (convicted of a violent felony after two or more prior violent felony convictions) must receive an indeterminate sentence with a maximum of life imprisonment; the minimum must be at least 20 years for a class B felony, 16 years for a class C and 12 years for a class D (in each case not more than 25 years). For crimes covered by the version effective September 1, 2027, those minimums become at least 10, 8 and 6 years. A persistent felony offender (any felony after two or more prior felony convictions) may, if the court finds extended incarceration and lifetime supervision best serve the public interest, be sentenced as for a class A-I felony (up to life). Persistent felony offender: https://www.nysenate.gov/legislation/laws/PEN/70.10 . |
| Voting with a felony conviction | A person convicted of a felony and sentenced to prison loses the right to register and vote only while incarcerated for that felony. People on parole, on probation, or with a suspended prison sentence can vote; the same rule applies to federal and out-of-state felony convictions. No application or waiting period is required after release. Source: N.Y. Election Law 5-106(2)-(5) |
| Restoring rights after a felony | Voting returns automatically on release from incarceration. Jury service is different: a juror must 'not have been convicted of a felony.' Other rights lost by conviction can be restored by a certificate of relief from disabilities or a certificate of good conduct, which relieve automatic forfeitures, disabilities and employment bars (including the right to vote); a certificate of relief from disabilities does not restore eligibility for public office. Neither certificate restores eligibility for a firearm license or permit after a class A-I felony or a violent felony offense. Jury: https://www.nysenate.gov/legislation/laws/JUD/510 ; certificate of good conduct: https://www.nysenate.gov/legislation/laws/COR/703-A . |
Is it legal? Delta-8, mushrooms, kratom, CBD and vaping
| Delta-8 and hemp THC products | Banned in cannabinoid hemp products. Since December 13, 2023, cannabinoid hemp products sold or distributed in New York may not contain synthetic or artificially derived cannabinoids or cannabinoids created through isomerization, including delta-8 THC and delta-10 THC, and must contain no more than 0.3 percent delta-9 THC. Food, drinks and other orally consumed hemp products are limited to 1 milligram of THC per serving and 10 milligrams per package. Licensed hemp retailers must attest that they will not sell flower, inhalable concentrates (such as vape cartridges) or any product with more than 0.5 milligrams of total THC per serving to anyone under 21. The Office of Cannabis Management licenses businesses that make, distribute or sell cannabinoid hemp products; intoxicating THC products are otherwise sold through the licensed adult-use cannabis system. Under-21 attestation: Part 114 text https://cannabis.ny.gov/system/files/documents/2024/01/part-114-exprs-trms-adopted-12-2023.pdf ; Office of Cannabis Management legislative overview (Feb. 2026): https://cannabis.ny.gov/system/files/documents/2026/02/hemp-overview-for-the-nys-legislature.pdf |
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| Magic mushrooms (psilocybin) | Psilocybin and psilocyn are Schedule I controlled substances in New York. Knowingly and unlawfully possessing any amount of a controlled substance is at least criminal possession of a controlled substance in the seventh degree, a class A misdemeanor (up to 364 days); possession of larger amounts or with intent to sell is charged as a felony under higher-degree sections. Possession discovered because a person sought emergency help for an overdose or medical emergency is not a violation of that section. New York has no legal psilocybin program under the sections read. Schedule: https://www.nysenate.gov/legislation/laws/PBH/3306 . Penalties (N.Y. |
| CBD | Hemp CBD products are legal and regulated by the Office of Cannabis Management, which requires a license or permit to manufacture, process, distribute or sell cannabinoid hemp products. Products must be made under federal food or supplement manufacturing rules, be lab tested with a scannable certificate of analysis, contain no more than 0.3 percent delta-9 THC, and (for ingestible products where CBD is the main cannabinoid) have at least 15 parts CBD to 1 part THC. Orally consumed products, including food and beverages, are limited to 1 milligram of THC and 100 milligrams of total cannabinoids per serving, and 10 milligrams of THC and 3,000 milligrams of total cannabinoids per package; tinctures to 100 milligrams of THC and 4,000 milligrams of cannabinoids per package. Hemp products may not be sold as cigarettes, cigars or pre-rolls, and packaging may not appeal to people under 21. Overview: https://cannabis.ny.gov/system/files/documents/2026/02/hemp-overview-for-the-nys-legislature.pdf |
| Smoking and vaping age | The minimum age to buy tobacco products, vapor products and e-cigarettes is 21: sellers may not sell them to individuals under twenty-one years of age. The section read sets no penalty on the young buyer; seller penalties are set in Public Health Law 1399-ee (not read). |
Elder abuse, voyeurism and assaulting an officer
| Elder abuse | New York makes it a crime for a paid caregiver to abuse a 'vulnerable elderly person' (someone 60 or older) or an incompetent or physically disabled person. Endangering the welfare of such a person in the second degree (intentionally or recklessly causing physical injury, negligently causing injury with a deadly weapon or dangerous instrument, or subjecting the person to sexual contact without consent) is a class E felony (up to 4 years). The first degree (intentionally or recklessly causing serious physical injury) is a class D felony (up to 7 years). A caregiver under these sections is someone who takes responsibility for the person's care and is paid for it. Definitions: https://www.nysenate.gov/legislation/laws/PEN/260.31 ; first degree: https://www.nysenate.gov/legislation/laws/PEN/260.34 . Penalties (N.Y. |
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| Voyeurism (peeping tom) | New York calls this unlawful surveillance. Unlawful surveillance in the second degree, a class E felony (up to 4 years), covers secretly using or installing an imaging device to view or record a person dressing, undressing or their intimate parts in a private setting, without consent, for amusement, profit, degradation or sexual gratification; secretly recording in a bedroom, bathroom, changing room, shower or hotel room with no legitimate purpose; recording under a person's clothing ('upskirting'); and secretly recording someone engaged in sexual conduct. A repeat offense within ten years of a prior unlawful surveillance conviction is unlawful surveillance in the first degree, a class D felony (up to 7 years). First degree: https://www.nysenate.gov/legislation/laws/PEN/250.50 . Penalties (N.Y. Source: N.Y. Penal Law 250.45, 250.50 |
| Assaulting a police officer | Intentionally causing physical injury to a police officer, peace officer, firefighter, EMT or paramedic (and other listed workers such as nurses, prosecutors, traffic agents and sanitation workers) to prevent them from performing a lawful duty is assault in the second degree, a class D felony (up to 7 years). Causing serious physical injury to a police officer, peace officer, firefighter or EMS worker with intent to prevent a lawful duty is assault on a peace officer, police officer, firefighter or emergency medical services professional, a class C felony (up to 15 years). Intentionally causing serious physical injury to an on-duty police or peace officer with a deadly weapon or dangerous instrument is aggravated assault upon a police officer or a peace officer, a class B felony (up to 25 years). 120.08: https://www.nysenate.gov/legislation/laws/PEN/120.08 ; 120.11: https://www.nysenate.gov/legislation/laws/PEN/120.11 . Penalties (N.Y. |
Criminal Law FAQ
What are the felony classes and maximum sentences in New York?
Felonies are class A (A-I and A-II), B, C, D and E. Maximum terms of an indeterminate sentence (§ 70.00(2)): class A felony — life imprisonment; class B — shall not exceed twenty-five years; class C — shall not exceed fifteen years; class D — shall not exceed seven years; class E — shall not exceed four years. Minimum periods for class A: A-I — not less than fifteen years nor more than twenty-five years; A-II — not less than three years nor more than eight years four months (with exceptions for listed offenses such as first-degree murder). Separate determinate-sentence rules apply to violent felonies (§ 70.02) and drug felonies. Felony fines (§ 80.00(1)) may not exceed the higher of $5,000 or 'double the amount of the defendant's gain from the commission of the crime' (special schedules apply to drug felonies under articles 220 and 221).
What are the misdemeanor classes and penalties in New York?
Class A misdemeanor — term shall not exceed three hundred sixty-four days; fine not exceeding one thousand dollars. Class B misdemeanor — term shall not exceed three months; fine not exceeding five hundred dollars. Unclassified misdemeanor — as specified in the law defining the crime, and in any event not to exceed three hundred sixty-four days; fine per the defining law. Violation — term shall not exceed fifteen days; fine not exceeding two hundred fifty dollars. References to 'one year' or '365 days' in misdemeanor sentences are treated as 364 days (§ 70.15(1-a)).
How much do you have to steal for it to be a felony in New York?
Petit larceny (stealing property) is a class A misdemeanor (§ 155.25). Larceny becomes a felony — grand larceny in the fourth degree, a class E felony — when the value of the property exceeds one thousand dollars, or regardless of value in listed cases such as a credit or debit card, property taken from the person, property obtained by extortion, a firearm, or a motor vehicle worth more than $100 (§ 155.30). Grand larceny in the third degree (class D felony): value exceeds three thousand dollars (§ 155.35). Second degree (class C felony): value exceeds fifty thousand dollars (§ 155.40). First degree (class B felony): value exceeds one million dollars (§ 155.42).
Is New York a stand your ground state?
New York has a duty to retreat. Even when the actor reasonably believes another person is using or about to use deadly physical force, the actor may not use deadly physical force if he or she knows that with complete personal safety to oneself and others he or she may avoid the necessity of so doing by retreating; except that the actor is under no duty to retreat if he or she is in his or her dwelling and not the initial aggressor, or is a police officer or peace officer (or a person assisting one at the officer's direction). Deadly physical force may also be used when the actor reasonably believes the other person is committing or attempting to commit a kidnapping, forcible rape, forcible aggravated sexual abuse or robbery, or a burglary as provided in § 35.20(3).
Does New York have a castle doctrine?
No duty to retreat in one's dwelling if not the initial aggressor (§ 35.15(2)(a)). A person in possession or control of, or licensed or privileged to be in, a dwelling or an occupied building, who reasonably believes that another person is committing or attempting to commit a burglary of such dwelling or building, may use deadly physical force upon such other person when he or she reasonably believes such to be necessary to prevent or terminate the commission or attempted commission of such burglary (§ 35.20(3)).
What is the statute of limitations for crimes in New York?
No limit: class A felonies and listed serious sex offenses (such as first-degree rape, aggravated sexual abuse, and first-degree course of sexual conduct against a child) may be commenced at any time. Second-degree rape, second-degree criminal sexual act and certain second-degree incest: within twenty years, or ten years from the first report to police, whichever is earlier. Third-degree rape and third-degree criminal sexual act: ten years. Other felonies: within five years after the commission thereof. Misdemeanors: within two years. Petty offenses (violations): within one year. For certain sex offenses against a child under 18, the period shall not begin to run until the child has reached the age of twenty-three or the offense is reported, whichever is earlier. Time is excluded while the defendant is continuously outside New York or whereabouts are continuously unknown, but in no event shall the period of limitation be extended by more than five years.
How does bail work in New York?
The court issues a securing order after making an individualized determination about the risk that the principal will not return to court, and must explain its choice on the record or in writing. The court shall release the principal pending trial on the principal's own recognizance, unless it finds that release will not reasonably assure the principal's return to court; the court must consider the kind and degree of control or restriction necessary to reasonably assure the principal's return to court. Monetary bail or remand is available only for a 'qualifying offense' listed in § 510.10(4) (for example, any crime alleged to have caused the death of another person); for a qualifying offense the court may release on recognizance or non-monetary conditions, fix bail, or (for a felony) commit the principal to the sheriff. When monetary bail is authorized, the court must consider the principal's individual financial circumstances. If the principal is financially unable to obtain counsel, counsel shall be assigned.
How do you get a public defender in New York?
Each county (and New York City) must operate a plan for providing counsel to persons charged with a crime who are financially unable to obtain counsel, through a public defender, a legal aid bureau or society, a bar association assigned-counsel plan or conflict defender, or a combination (County Law § 722). Judges decide eligibility; providers often screen applicants and make recommendations. Under the statewide eligibility standards of the Office of Indigent Legal Services (issued under Executive Law § 832), income at or below 250% of the Federal Poverty Guidelines is one of four presumptions of eligibility, an applicant who is incarcerated, detained or confined to a mental health institution is presumptively eligible, and applicants above the income line are not automatically denied. ILS publishes an Assigned Counsel Eligibility Application Form.
What is the age of consent in New York?
A person is deemed incapable of consent when he or she is 'less than seventeen years old' (§ 130.05(3)(a)). Rape in the third degree (class E felony) includes vaginal, oral or anal sexual contact by a person twenty-one years old or more with a person less than seventeen years old (§ 130.25(4)-(6)). Rape in the second degree (class D felony) includes a person eighteen years old or more engaging in vaginal sexual contact with another person less than fifteen years old (§ 130.30(1)). Close-in-age: for § 130.30(1)-(3) it is an affirmative defense that 'the defendant was less than four years older than the victim at the time of the act.'
Is marijuana legal in New York?
Adult-use cannabis is legal for persons twenty-one years of age or older: possessing, purchasing, obtaining or transporting up to three ounces of cannabis and up to twenty-four grams of concentrated cannabis, giving those amounts without payment to another person 21 or older, and home cultivation in accordance with § 222.15 are lawful (§ 222.05). Possessing more than three ounces of cannabis or more than twenty-four grams of concentrated cannabis is unlawful possession of cannabis, a violation punishable by a fine of not more than one hundred twenty-five dollars (§ 222.25). Possessing more than sixteen ounces of cannabis or more than five ounces of concentrated cannabis is criminal possession of cannabis in the third degree, a class A misdemeanor (§ 222.30). Smoking or vaping cannabis where it is prohibited carries a civil penalty not exceeding twenty-five dollars or up to twenty hours of community service (§ 222.10).
Is assault a felony in New York?
New York's basic assault crime is assault in the third degree: intentionally causing physical injury to someone, recklessly causing physical injury, or causing physical injury with criminal negligence by means of a deadly weapon or dangerous instrument. It is a class A misdemeanor (up to 364 days in jail and a $1,000 fine). Assault in the second degree, a class D felony (up to 7 years), covers causing serious physical injury intentionally, injuring someone with a deadly weapon or dangerous instrument, and injuring certain protected victims such as police or peace officers, transit workers, school employees on school grounds, and people 65 or older (when the attacker is more than ten years younger). Assault in the first degree, a class B felony (up to 25 years), includes intentionally causing serious physical injury with a deadly weapon or dangerous instrument, intentionally causing serious and permanent disfigurement or disability, and causing serious physical injury with depraved indifference to human life. Menacing (threats without injury) is charged under separate sections.
Is battery a felony in New York?
New York has no crime called battery; injuring someone is charged as assault (Penal Law article 120). An offensive touching without injury, such as striking, shoving or kicking someone (or attempting or threatening to) with intent to harass, annoy or alarm, is harassment in the second degree, which is a violation, not a crime (up to 15 days in jail and a $250 fine). Physical contact made with intent to harass that causes physical injury to the person or a family or household member is aggravated harassment in the second degree, a class A misdemeanor.
Is domestic violence a felony in New York?
New York does not have a separate domestic violence crime; violence against a family or household member is charged under the regular offenses, such as assault, harassment, menacing and stalking. Choking or blocking someone's nose or mouth with intent to impede breathing or blood flow is criminal obstruction of breathing or blood circulation, a class A misdemeanor, and becomes strangulation in the second degree, a class D felony (up to 7 years), when it causes stupor, loss of consciousness for any period of time, or any other physical injury or impairment. A misdemeanor 'specified offense' committed against a family or household member becomes aggravated family offense, a class E felony (up to 4 years), when the person has one or more prior convictions for a specified offense within the immediately preceding five years (not counting time incarcerated).
What is the penalty for shoplifting in New York?
New York has no separate shoplifting crime; stealing merchandise is charged as larceny. Stealing property worth $1,000 or less (with no other felony factor) is petit larceny, a class A misdemeanor punishable by up to 364 days in jail and a fine up to $1,000. Penal Law § 155.25 contains no rule that makes repeat petit larceny a felony. Under the civil shoplifting statute, a merchant may recover from an adult (or from the parent of an unemancipated minor) the retail price of goods not recovered in merchantable condition, up to $1,500, plus a penalty of the greater of five times the retail price or $75, but not more than $500; no criminal conviction is required.
What is the difference between burglary and robbery in New York?
Burglary is knowingly entering or remaining unlawfully in a building with intent to commit a crime there. Burglary in the third degree is a class D felony (up to 7 years); it becomes second degree, a class C felony (up to 15 years), when the building is a dwelling or the burglar is armed with explosives or a deadly weapon, injures a non-participant, uses or threatens a dangerous instrument, or displays what appears to be a firearm; and first degree, a class B felony (up to 25 years), when one of those weapon or injury factors occurs in a dwelling. Robbery is forcibly stealing property. Robbery in the third degree is a class D felony; second degree, a class C felony, applies when an accomplice is actually present, a non-participant is injured, what appears to be a firearm is displayed, or the property is a motor vehicle; first degree, a class B felony, applies when someone is seriously injured, the robber is armed with a deadly weapon, uses or threatens a dangerous instrument, or displays what appears to be a firearm.
Is vandalism a felony in New York?
Vandalism is called criminal mischief in New York. Intentionally damaging someone else's property (or recklessly damaging it by more than $250) is criminal mischief in the fourth degree, a class A misdemeanor (up to 364 days and $1,000). Intentionally damaging property by more than $250 is criminal mischief in the third degree, a class E felony (up to 4 years); more than $1,500 is criminal mischief in the second degree, a class D felony (up to 7 years); damaging property by means of an explosive is criminal mischief in the first degree, a class B felony. Graffiti (etching, painting, covering or drawing on property with intent to damage it, without the owner's permission) is a separate crime, making graffiti, a class A misdemeanor.
Is trespassing a crime in New York?
Knowingly entering or remaining unlawfully in or on any premises is trespass, a violation (up to 15 days and $250). It is criminal trespass in the third degree, a class B misdemeanor (up to three months and $500), when the place is a building or real property fenced or enclosed to keep out intruders, or a school, public housing project or posted railroad right-of-way in violation of posted rules or a direct order to leave. Unlawfully entering or remaining in a dwelling is criminal trespass in the second degree, a class A misdemeanor (up to 364 days and $1,000). Criminal trespass in the first degree, a class D felony (up to 7 years), is unlawfully entering or remaining in a building while possessing explosives, a deadly weapon, or a firearm with ammunition.
What are the penalties for drug possession in New York?
Knowingly and unlawfully possessing any amount of a controlled substance is criminal possession of a controlled substance in the seventh degree, a class A misdemeanor (up to 364 days and $1,000); trace residue in a syringe does not count, and possession discovered while seeking emergency help for an overdose is excluded. Possession becomes a felony based on amount or intent to sell; for example, possessing 500 milligrams or more of cocaine, or narcotic preparations weighing one-half ounce or more, is fifth-degree possession, a class D felony. Possessing or selling cutting agents, glassine envelopes or vials, or scales for packaging or weighing drugs for unlawful use is criminally using drug paraphernalia in the second degree, a class A misdemeanor. People charged by indictment with class B through E felony drug offenses may be eligible for judicial diversion into treatment under Criminal Procedure Law article 216.
Is a hit and run a felony in New York?
A driver involved in a crash that causes property damage or injury must stop and give a license and insurance information. Leaving the scene of a property-damage-only crash is a traffic infraction punishable by a fine up to $250, up to 15 days in jail, or both. Leaving the scene of a crash that injured a person is a class A misdemeanor with a fine of $750 to $1,000; a repeat conviction is a class E felony with a fine of $1,000 to $3,000. If the injury is serious physical injury, leaving the scene is a class E felony (fine $1,000 to $5,000), and if the person dies it is a class D felony (fine $2,000 to $5,000).
Is reckless driving a crime in New York?
Reckless driving is driving a motor vehicle, motorcycle or other motor-propelled vehicle in a way that unreasonably interferes with the free and proper use of a public highway or parking lot, or unreasonably endangers its users. It is a misdemeanor. Under the general penalty for Vehicle and Traffic Law misdemeanors, a first conviction carries a fine up to $300, up to 30 days in jail, or both; a second violation within 18 months up to $525, up to 90 days, or both; and a third within 18 months up to $1,125, up to 180 days, or both, with a minimum $100 fine for a third or later reckless driving conviction.
Is harassment a crime in New York?
Harassment in the second degree (shoving or striking, following someone in public, or a course of alarming conduct with no legitimate purpose) is a violation; intentionally and repeatedly harassing another person is harassment in the first degree, a class B misdemeanor. Threatening someone by telephone, computer or other electronic means, or making calls with no legitimate purpose, is aggravated harassment in the second degree, a class A misdemeanor. Stalking in the fourth degree (a course of conduct aimed at a specific person, including GPS tracking, that causes reasonable fear of material harm or, after being told to stop, emotional harm or fear for one's job) is a class B misdemeanor; third degree (a class A misdemeanor) covers threats of physical injury, multiple victims, or a prior stalking or predicate conviction within ten years. Stalking becomes a felony as stalking in the second degree, a class E felony, when a weapon is displayed or threatened, the victim is under fourteen (and the stalker is 21 or older), or there are certain prior convictions or ten or more victims, and stalking in the first degree, a class D felony, when the stalker causes physical injury or commits certain sex offenses.
Is resisting arrest a felony in New York?
Intentionally preventing or trying to prevent a police or peace officer from making an authorized arrest of oneself or another person is resisting arrest, a class A misdemeanor (up to 364 days and $1,000). Intentionally interfering with a public servant's official duties by intimidation, physical force or interference is obstructing governmental administration in the second degree, also a class A misdemeanor. Fleeing a uniformed officer or marked police car after a signal to stop, by driving 25 mph or more over the speed limit or driving recklessly, is unlawful fleeing a police officer in a motor vehicle in the third degree, a class A misdemeanor; it is a class E felony (second degree) if the flight causes serious physical injury to an officer or another person, and a class D felony (first degree) if it causes a death.
What happens if you miss a court date in New York?
Missing a court date is called bail jumping in New York. It applies to a person released by court order on bail or their own recognizance who does not appear personally on the required date 'or voluntarily within thirty days thereafter.' Bail jumping in the third degree (any criminal action) is a class A misdemeanor (up to 364 days in jail and a fine up to $1,000); bail jumping in the second degree, where the person was facing a felony charge, is a class E felony (up to four years); bail jumping in the first degree, where the person was facing an indictment for a class A or class B felony, is a class D felony (up to seven years). The court may secure attendance by notification or a bench warrant, but before issuing a bench warrant for a missed date it generally must give the person or their lawyer at least 48 hours' notice to appear voluntarily, unless the person was charged with a new crime while released or there is credible evidence the failure was willful.
What happens if you violate probation in New York?
A judge decides a probation violation at a hearing that is 'a summary one by the court without a jury.' The court files a written statement of the condition allegedly violated and when, where and how it was violated; the person may cross-examine witnesses, present evidence, and is entitled to counsel at all stages, and the court must grant a reasonable adjournment to prepare. A finding of violation 'must be based upon a preponderance of the evidence.' If a violation is found, the court may revoke probation and impose a new sentence, or continue or modify the probation (and may extend it within the Penal Law limits); time already served on probation and time in custody are credited.
Is obstruction of justice a felony in New York?
Obstructing governmental administration in the second degree — intentionally obstructing, impairing or perverting the administration of law or other government function, or preventing a public servant from performing an official function, by intimidation, physical force or interference, or any independently unlawful act — is a class A misdemeanor (up to 364 days in jail and a fine up to $1,000). Witness tampering is graded by method: tampering in the fourth degree (improperly persuading a witness to stay away or not testify, or knowingly using false statements, fraud or deceit to affect testimony) is a class A misdemeanor (up to 364 days in jail and a fine up to $1,000), while tampering in the third degree, which uses threats of physical injury against a witness in a criminal proceeding, is a class E felony (up to four years). More serious degrees apply when injury is caused.
Is perjury a felony in New York?
Perjury in the third degree — swearing falsely under oath — is a class A misdemeanor (up to 364 days in jail and a fine up to $1,000). Perjury in the second degree, a false sworn statement in a written instrument required by law to be sworn, made with intent to mislead a public servant and material to the matter, is a class E felony (up to four years). Perjury in the first degree, false sworn testimony that is material to the proceeding in which it is given, is a class D felony (up to seven years).
Is public intoxication a crime in New York?
New York's Penal Law offense for being intoxicated in public is limited to drugs: 'appearance in public under the influence of narcotics or a drug other than alcohol' — appearing in a public place under the influence to the degree that the person may endanger themselves, others or property, or annoy people nearby. It is a violation (up to 15 days and a fine up to $250), not a crime. Being drunk on alcohol in public is excluded from this offense; disruptive behavior can still be charged as disorderly conduct.
What is a disorderly conduct charge in New York?
Disorderly conduct covers, with intent to cause public inconvenience, annoyance or alarm or recklessly creating a risk of it: fighting or violent, tumultuous or threatening behavior; unreasonable noise; abusive or obscene language or an obscene gesture in a public place; disturbing a lawful assembly or meeting; obstructing vehicle or pedestrian traffic; congregating with others in public and refusing a lawful police order to disperse; or creating a hazardous or physically offensive condition by an act serving no legitimate purpose. 'Disorderly conduct is a violation' — not a crime — punishable by up to 15 days in jail and a fine up to $250.
What is the penalty for indecent exposure in New York?
Public lewdness — intentionally exposing the private or intimate parts of one's body in a lewd manner or committing another lewd act in a public place, or on private premises where it can readily be seen from a public place and the person intends to be seen, or while trespassing in a dwelling where a lawful occupant sees it — is a class B misdemeanor (up to three months and a fine up to $500). Simple 'exposure of a person' (being in a public place with intimate body areas uncovered) is a violation (up to 15 days and a fine up to $250); breastfeeding and performers in a play or show are exempt.
Is prostitution illegal in New York?
Prostitution — engaging, agreeing or offering to engage in sexual conduct with another person in return for a fee — is a class B misdemeanor (up to three months and a fine up to $500). Buying sex is called patronizing a person for prostitution; the basic offense, patronizing in the third degree, is a class A misdemeanor (up to 364 days in jail and a fine up to $1,000). Higher degrees apply when the person patronized is a minor. There is no legal exception anywhere in the state.
Is gambling legal in New York?
The New York State Gaming Commission regulates the legal forms of gambling: horse racing and pari-mutuel wagering, Class III Indian (tribal) gaming, the state lottery including video lottery terminals, commercial casino gaming, sports wagering, interactive fantasy sports, and charitable gaming; it urges people to 'wager with licensed operators only.' Running illegal gambling is 'promoting gambling': in the second degree (knowingly advancing or profiting from unlawful gambling) it is a class A misdemeanor (up to 364 days in jail and a fine up to $1,000); in the first degree it is a class E felony (up to four years) — bookmaking that accepts more than five bets totaling more than $5,000 in a day, or a lottery or policy scheme receiving more than $500 in a day or records from non-players.
Is embezzlement a felony in New York?
New York charges embezzlement as larceny: the larceny statute expressly includes 'common law larceny by trick, embezzlement, or obtaining property by false pretenses.' The grade depends on value: petit larceny (stealing property, when no grand larceny factor applies) is a class A misdemeanor (up to 364 days in jail and a fine up to $1,000); grand larceny in the fourth degree (over $1,000) is a class E felony; third degree (over $3,000) is a class D felony; second degree (over $50,000) is a class C felony; and first degree (over $1,000,000) is a class B felony (up to 25 years).
Is identity theft a felony in New York?
Identity theft is knowingly and with intent to defraud assuming another person's identity (by presenting as them, acting as them, or using their personal identifying information) and thereby obtaining goods, money, property, services or credit, causing financial loss, or committing a class A misdemeanor or higher crime. Identity theft in the third degree is a class A misdemeanor (up to 364 days in jail and a fine up to $1,000). It is a class E felony (second degree) if the amount obtained or the loss caused exceeds $500, it is done to commit a felony, or the person has a qualifying conviction in the past five years; and a class D felony (first degree) if the amount or loss exceeds $2,000, it is done to commit a class D or higher felony, or the person commits second-degree identity theft after a listed conviction (such as identity theft or grand larceny) within the previous five years.
Is forgery a felony in New York?
Forgery is falsely making, completing or altering a written instrument with intent to defraud, deceive or injure. Forgery in the third degree is a class A misdemeanor (up to 364 days in jail and a fine up to $1,000). It is forgery in the second degree, a class D felony (up to seven years), when the instrument is a deed, will, contract, credit card or similar document affecting legal rights, a public record, an official government document, a token or transfer used in place of money, or a prescription; and forgery in the first degree, a class C felony (up to 15 years), when it is government-issued money, stamps or securities, or corporate stock or bonds. Issuing or passing a check knowing there are insufficient funds and intending that it be dishonored, when it is in fact dishonored, is 'issuing a bad check,' a class B misdemeanor (up to three months and a fine up to $500).
Is blackmail illegal in New York?
Blackmail is charged as larceny by extortion: obtaining property by extortion is grand larceny in the fourth degree, a class E felony (up to four years), regardless of value, and grand larceny in the second degree, a class C felony (up to 15 years), when the threat instills fear of future physical injury, property damage, or abuse of a public servant's position. Forcing someone to act or not act through threats without taking property is coercion: coercion in the third degree is a class A misdemeanor (up to 364 days in jail and a fine up to $1,000), second degree (compelling a sexual act) a class E felony, and first degree (fear of physical injury or property damage, or compelling a felony or a public servant's breach of duty) a class D felony.
What is the difference between first and second degree murder in New York?
Murder in the first degree is an intentional killing with an aggravating factor, by a defendant over 18: for example killing a police officer, peace officer or judge, a contract killing, killing a witness, killing during a listed felony such as robbery or rape, multiple victims, torture, a prior murder conviction, or terrorism. Murder in the second degree covers other intentional killings, depraved-indifference killings, felony murder (a death during robbery, burglary, kidnapping, arson, first-degree rape and other listed crimes), and depraved-indifference conduct by an adult that kills a child under 11. Both are class A-I felonies punishable by up to life: first-degree murder carries a minimum of 20 to 25 years to life, or life without parole; second-degree murder a minimum of 15 to 25 years to life, with life without parole required for the form in § 125.25(5).
What is the sentence for manslaughter in New York?
Manslaughter in the first degree (causing death while intending serious injury, an intentional killing under extreme emotional disturbance, or an adult causing a child under 11's death while intending injury) is a class B felony (up to 25 years). Manslaughter in the second degree (recklessly causing a death, or intentionally causing or aiding a suicide) is a class C felony (up to 15 years). Criminally negligent homicide is a class E felony (up to four years). Vehicular manslaughter (causing a death while driving impaired by alcohol or drugs) is a class D felony in the second degree (up to seven years) and a class C felony in the first degree when aggravated, for example by a BAC of .18 or more, a suspended license, a prior DWI within ten years, multiple deaths, or killing a passenger 15 or younger. Aggravated vehicular homicide (reckless impaired driving with such an aggravator) is a class B felony.
Is child endangerment a felony in New York?
Endangering the welfare of a child is a class A misdemeanor (up to 364 days in jail). It covers knowingly acting in a way likely to injure the physical, mental or moral welfare of a child under 17, or directing or allowing such a child into work dangerous to life or health; and a parent, guardian or other legally responsible person failing to use reasonable diligence to stop a child under 18 from becoming abused, neglected, a juvenile delinquent or a person in need of supervision. Leaving an infant 30 days old or younger safely with an appropriate person or suitable place, with prompt notice, is not an offense. The statute does not make it a felony.
Is arson a felony in New York?
Arson in the first degree (intentionally damaging a building or vehicle by fire or explosion using an incendiary device or explosive, or causing serious injury, or for profit, when a non-participant is present and the actor knows or it is reasonably possible) is a class A-I felony (up to life). Arson in the second degree (intentionally setting fire to an occupied building or vehicle under the same knowledge rule) is a class B felony (up to 25 years). Arson in the third degree (intentionally damaging a building or vehicle by fire or explosion) is a class C felony (up to 15 years), with an affirmative defense for a sole owner acting for a lawful purpose without endangering others. Arson in the fourth degree (recklessly damaging a building or vehicle by intentionally starting a fire) is a class E felony (up to four years), and arson in the fifth degree (intentionally damaging another's property by fire without consent) is a class A misdemeanor.
Is animal cruelty a felony in New York?
Overdriving, torturing, cruelly beating, unjustifiably injuring or killing an animal, or depriving it of necessary food or drink is a class A misdemeanor under the Agriculture and Markets Law (up to 364 days). Aggravated cruelty to animals (intentionally killing or seriously injuring a companion animal, with no justifiable purpose, in a way intended to cause extreme pain or in an especially depraved or sadistic manner) is a felony, with any jail term a definite sentence of up to two years. After a conviction the court may also order that the person not own, harbor or have custody of any other animals (other than farm animals) for a period it deems reasonable.
Is revenge porn illegal in New York?
Yes. Unlawful dissemination or publication of an intimate image is a class A misdemeanor (up to 364 days): intentionally sharing or publishing an identifiable image of another person with intimate parts exposed or engaged in sexual conduct, intending to harm their emotional, financial or physical welfare, when the person knew or should have known the depicted person did not consent and expected the image to remain private. It also covers realistic digitally created or altered ('deepfake') images. The depicted person may sue for compensatory and punitive damages, an injunction, and attorney's fees, within three years of the sharing or one year from discovering it, whichever is later.
Is cyberbullying a crime in New York?
The Dignity for All Students Act defines cyberbullying as harassment or bullying through any form of electronic communication and requires school policies and procedures to address it, but it sets no criminal penalty. Young people charged with an offense involving cyberbullying may be eligible for the state's up-to-eight-hour education reform program run by the Office of Children and Family Services.
What are the sexting laws for minors in New York?
New York has no separate sexting offense, but its education reform program covers cases involving electronically sending or receiving obscenity or nudity when the sender and receiver were both under 20 and not more than five years apart in age. The program, run by the Office of Children and Family Services, is up to eight hours of instruction on the legal and non-legal consequences of sharing explicit images. It can be used as Family Court diversion or as a condition of an adjournment in contemplation of dismissal, conditional discharge or probation.
Is money laundering a felony in New York?
Money laundering is graded by amount and source. Fourth degree, class E felony (up to four years): transactions exceeding $5,000 (or $10,000 in some forms). Third degree, class D felony (up to seven years): exceeding $10,000 of drug-sale proceeds or $50,000 of other criminal proceeds. Second degree, class C felony (up to 15 years): exceeding $50,000 of drug proceeds or $100,000 of other felony proceeds. First degree, class B felony (up to 25 years): exceeding $500,000 of drug proceeds or $1,000,000 of class A, B or C felony proceeds.
What are the human trafficking laws in New York?
Sex trafficking (advancing or profiting from prostitution by drugging, deception, taking ID documents, debt bondage, or force or threats) is a class B felony (up to 25 years). Sex trafficking of a child (a person 21 or older advancing or profiting from the prostitution of someone under 18, with no defense of not knowing the age) is also a class B felony. Labor trafficking (compelling work by debt schemes, taking documents, or force or threats) is a class D felony (up to seven years), and aggravated labor trafficking (using drugs to impair the victim) is a class C felony (up to 15 years).
Is jaywalking illegal in New York?
Pedestrians facing a steady 'Don't Walk' or upraised-hand signal may not start to cross, and those already crossing must continue to a sidewalk or safety island; with a 'Walk' signal they may cross and vehicles must yield. A pedestrian crossing anywhere other than a marked crosswalk or unmarked crosswalk at an intersection must yield to all vehicles, and may not cross an intersection diagonally unless signs allow it. Violations are traffic infractions; where no other penalty applies, a first conviction is a fine of up to $150, up to 15 days in jail, or both.
What is the open container law in New York?
Drinking alcohol, or possessing an open container of alcohol, in a motor vehicle on a public highway is prohibited for both the driver and passengers. Passengers in for-hire vehicles carrying 10 or more people operated under a Department of Transportation permit are exempt, and a resealed bottle of wine may be carried in the trunk or behind the last upright seat. A violation is a traffic infraction; the section sets no specific fine, so the general traffic-infraction penalty (up to $150 and/or 15 days for a first conviction) applies.
What happens if you are caught drinking under 21 in New York?
A person under 21 may not possess alcohol with intent to drink it, except as part of a required class or when given by a parent or guardian. The penalty is a fine of up to $50, an alcohol awareness program and/or up to 30 hours of community service; it is not a crime, not a conviction, and police may not arrest for it. Presenting false proof of age to buy alcohol is a violation: up to $100 and/or 30 hours of community service for a first offense, rising to $50-$350 and then $50-$750 for repeat offenses. If a driver's license was used, it can be suspended for three months (first offense), six months (second) or one year or until age 21, whichever is longer (third or later).
What happens if you drive on a suspended license in New York?
Aggravated unlicensed operation in the third degree (driving when one knows or should know the license is suspended or revoked) is a misdemeanor: a $200-$500 fine, up to 30 days in jail, or both. The second degree is a misdemeanor with a fine of at least $500 and up to 180 days (or $500-$1,000 and seven to 180 days), triggered by a prior conviction within 18 months, a suspension for DWI or a chemical-test refusal, or three or more unpaid-ticket suspensions. The first degree is a class E felony (fine $500-$5,000 plus prison), for example when driving while intoxicated on a DWI-related suspension, with ten or more unpaid-ticket suspensions, or with five or more suspensions on separate dates.
What is the penalty for driving without a license in New York?
No one may drive a motor vehicle on a public highway without a license (except during a road test). The penalty is a fine of $75 to $300, up to 15 days in jail, or both; a license that lapsed within the past 60 days carries a fine of up to $40.
What knives are legal to carry in New York?
Possessing a switchblade knife, pilum ballistic knife, metal knuckle knife or cane sword is criminal possession of a weapon in the fourth degree, a class A misdemeanor (up to 364 days); gravity knives are no longer on the list. Possessing a dagger, dangerous knife, dirk, machete, razor, stiletto or undetectable knife is a crime only when done with intent to use it unlawfully against another person (also a class A misdemeanor). The state statute sets no blade-length limit, and its school-grounds weapon offense covers only rifles, shotguns and firearms.
Are fireworks legal in New York?
Fireworks and dangerous fireworks are illegal without a permit. 'Sparkling devices' (ground-based or hand-held devices whose main effect is a shower of sparks or smoke and that do not fly, shoot projectiles or explode, such as fountains and wooden sparklers) are excluded from the fireworks ban except in cities of one million or more (New York City). Possessing or using illegal fireworks is a violation; selling them is a class B misdemeanor, or a class A misdemeanor if worth $500 or more (possessing $150 or more is presumed intent to sell). Selling fireworks, dangerous fireworks or sparkling devices to anyone under 18 is a class A misdemeanor, and a repeat sale of dangerous fireworks to a minor within five years is a class E felony.
Is kidnapping a felony in New York?
Kidnapping in the first degree (abducting someone to get ransom or force another person to act, holding them more than 12 hours to injure, sexually abuse, terrorize or advance a felony, or when the victim dies during the abduction) is a class A-I felony (life maximum; minimum of 15 to 25 years). Kidnapping in the second degree (abducting another person) is a class B felony (up to 25 years). Unlawful imprisonment in the first degree (restraining someone in circumstances exposing them to risk of serious physical injury) is a class E felony (up to 4 years), and unlawful imprisonment in the second degree (restraining another person) is a class A misdemeanor (up to 364 days).
Is making a threat a crime in New York?
New York's main threat offenses are 'menacing.' Menacing in the third degree (by physical menace, intentionally placing someone in fear of death, serious injury or physical injury) is a class B misdemeanor (up to 3 months). Menacing in the second degree (displaying a deadly weapon, dangerous instrument or what appears to be a firearm to cause such fear, repeatedly following or harassing someone to cause such fear, or menacing in violation of an order of protection) is a class A misdemeanor (up to 364 days). Menacing in the first degree (second-degree menacing with a prior menacing conviction within 10 years) is a class E felony (up to 4 years). Making a terroristic threat (threatening a specified offense to intimidate a civilian population or influence government, causing reasonable fear it will happen) is a class D felony (up to 7 years).
Is stealing a car a felony in New York?
Stealing a motor vehicle (other than a motorcycle) worth more than $100 is grand larceny in the fourth degree, a class E felony (up to 4 years); higher values follow the grand larceny tiers (over $3,000 class D, over $50,000 class C, over $1 million class B). Unauthorized use of a vehicle in the third degree ('joyriding': knowingly taking, operating or riding in a vehicle without the owner's consent, or keeping a rented or serviced vehicle in gross deviation from the agreement) is a class A misdemeanor; second degree (with a prior conviction within 10 years) is a class E felony; first degree (using the vehicle to commit or flee from a class A, B, C or D felony) is a class D felony.
Is receiving stolen property a felony in New York?
Criminal possession of stolen property (knowingly possessing stolen property intending to benefit oneself or someone other than the owner, or to keep it from the owner) is graded by value: fifth degree (any value) is a class A misdemeanor; fourth degree (over $1,000, or a credit/debit/public benefit card, a firearm, a motor vehicle worth over $100, or possession by a dealer in property) is a class E felony; third degree (over $3,000) is a class D felony; second degree (over $50,000) is a class C felony; first degree (over $1 million) is a class B felony. Using a website, app or location to offer retail goods for sale knowing or having reason to know they were stolen ('fostering the sale of stolen goods') is a class A misdemeanor.
What is organized retail theft in New York?
New York does not have a separately named organized retail theft offense in the sections read, but since 2024 grand larceny in the fourth degree (a class E felony, up to 4 years) covers stealing retail goods or merchandise worth more than $1,000 under a common scheme or plan or a single ongoing intent, and the value may be added together across thefts even from different stores or owners. Offering stolen retail goods for sale for financial gain, online or at a physical location, is 'fostering the sale of stolen goods,' a class A misdemeanor.
What counts as drug trafficking in New York?
Selling a narcotic drug (such as heroin, cocaine or fentanyl) is criminal sale in the third degree, a class B felony; selling narcotic preparations weighing one-half ounce or more is second degree, a class A-II felony; two ounces or more is first degree, a class A-I felony. For a first-time drug felony offender, the determinate prison ranges are 8-20 years (A-I), 3-10 years (A-II), 1-9 years (B, with probation possible; 2-9 years for certain sales near schools or to children), 1-5.5 years (C), 1-2.5 years (D) and 1-1.5 years (E). Operating as a major trafficker (directing an organization whose sales reach $75,000 or more in 12 months, or selling or possessing for sale narcotics worth $75,000 or more within 6 months as a profiteer) is a class A-I felony carrying an indeterminate term up to life (a determinate 8-20 years may be imposed if the court finds the indeterminate term unduly harsh).
Is prescription fraud a felony in New York?
New York's Public Health Law forbids obtaining or trying to obtain a controlled substance or a prescription for one by fraud, deceit, misrepresentation, subterfuge, concealing a material fact, or a false name or address, and forbids making or uttering a forged prescription; receiving controlled substances from one practitioner while hiding that from another practitioner who also supplies them ('doctor shopping') is also prohibited. Forging a prescription is forgery in the second degree, a class D felony (up to 7 years). Selling or receiving prescription medications or prescriptions for money ('criminal diversion') is a class A misdemeanor, a class E felony over $1,000 or with a prior conviction, class D over $3,000 and class C over $50,000; a practitioner or pharmacist who sells prescriptions or controlled substances outside good-faith practice commits a class C felony.
What is vehicular assault in New York?
Vehicular assault in the second degree (causing serious physical injury to someone while driving, or operating a boat, snowmobile or ATV, while intoxicated or impaired by alcohol or drugs) is a class E felony (up to 4 years). It becomes vehicular assault in the first degree, a class D felony (up to 7 years), with an aggravating factor: BAC of 0.18% or more, driving while knowingly suspended or revoked for a DWI-related reason, a DWI conviction within 10 years, injuring more than one person, a prior vehicular assault or homicide conviction, or seriously injuring a passenger 15 or younger. Aggravated vehicular assault, which adds reckless driving to one of the listed factors, is a class C felony (up to 15 years).
Is street racing a crime in New York?
Holding, taking part in, or aiding a race, exhibition or contest of speed on a highway is a misdemeanor punishable by up to 30 days in jail, a fine of $300 to $525, or both. A second violation within 12 months carries up to 6 months in jail, a fine of $525 to $750, or both.
What is the penalty for boating under the influence in New York?
Operating a vessel with a BAC of 0.08% or more (0.04% for a public vessel), or while intoxicated or impaired by drugs, is a misdemeanor for a first offense: a fine of $500 to $1,000, up to one year in jail, or both, and a 12-month suspension of vessel operating privileges. A second violation within 10 years is a class E felony with a $1,000 to $5,000 fine and a 24-month suspension; a third within 10 years is a class D felony with a $2,000 to $10,000 fine. Boating while ability impaired by alcohol is a lesser offense with a $300 to $500 fine, up to 15 days in jail, and a 6- to 12-month suspension.
Is insurance fraud a felony in New York?
Committing a fraudulent insurance act (such as a knowingly false claim or application) is insurance fraud in the fifth degree, a class A misdemeanor. When it is used to take or try to take property, it is graded by value: over $1,000 is fourth degree, a class E felony (up to 4 years); over $3,000 is third degree, a class D felony (up to 7 years); over $50,000 is second degree, a class C felony (up to 15 years); over $1 million is first degree, a class B felony (up to 25 years). Aggravated insurance fraud (a fraudulent insurance act with a prior insurance-fraud conviction within 5 years) is a class D felony.
What happens if you commit welfare or unemployment fraud in New York?
Welfare fraud (knowingly, with intent to defraud, making false statements, impersonating someone, or filing a false application to get, keep or increase public assistance benefits administered by social services, which includes benefits accessed by food stamp and medical assistance cards) is a class A misdemeanor, a class E felony over $1,000, class D over $3,000, class C over $50,000, and class B over $1 million. Trading or misusing a public benefit card (for example, exchanging it for money or drugs) is a separate offense starting as a class A misdemeanor. For unemployment insurance, a claimant who willfully makes a false statement to get benefits forfeits 1 to 20 effective weeks of future benefits, must repay all overpaid money, and pays a civil penalty of the greater of $100 or 15% of the overpayment.
Is bribery a felony in New York?
Bribery of a public servant (giving or offering any benefit with the understanding that the official's vote, decision or other official action will be influenced) is bribery in the third degree, a class D felony (up to 7 years); second degree (benefit over $5,000) is a class C felony (up to 15 years); first degree (benefit over $100,000, or to influence a class A felony investigation or prosecution) is a class B felony (up to 25 years). A public servant who solicits, accepts or agrees to accept a benefit on that understanding commits bribe receiving in the third degree, a class D felony (up to 7 years); bribe receiving in the second degree (benefit over $5,000) is a class C felony (up to 15 years); and bribe receiving in the first degree (benefit over $100,000, or to influence the investigation, arrest, detention, prosecution or incarceration of someone for a class A felony under Penal Law article 220) is a class B felony (up to 25 years). Commercial bribing (benefiting an employee, agent or fiduciary without the employer's consent to influence their conduct) is a class A misdemeanor, or a class E felony if the benefit exceeds $1,000 and causes the employer more than $250 in economic harm.
What are the penalties for tax evasion in New York?
A 'tax fraud act' is a willful act such as failing to file a return, filing a false return, giving false information in an audit, failing to remit collected taxes, failing to collect required taxes, or failing to pay tax intending to evade it. Committing one is criminal tax fraud in the fifth degree, a class A misdemeanor. When done to evade tax or defraud the state and the shortfall within one year exceeds $3,000, it is fourth degree (class E felony); over $10,000 is third degree (class D); over $50,000 is second degree (class C); over $1 million is first degree (class B, up to 25 years).
What are the penalties for sexual assault in New York?
New York grades rape in three degrees; since September 2024 rape covers vaginal, oral and anal sexual contact. Rape in the first degree (by forcible compulsion, with someone physically helpless, or with a child under 11, or under 13 by an adult 18 or older) is a class B felony (up to 25 years). Rape in the second degree (an adult with someone under 15, or with someone incapable of consent because of a mental disability or incapacity) is a class D felony (up to 7 years). Rape in the third degree (with someone incapable of consent for reasons other than age, a person under 17 by someone 21 or older, or without consent for other reasons) is a class E felony (up to 4 years). Sexual abuse in the first degree (sexual contact by forcible compulsion or with a physically helpless person) is a class D felony. For sex with minors under the age of consent, see the age-of-consent page.
What are the penalties for child molestation in New York?
Rape in the first degree includes sexual contact with a child under 11, or under 13 by someone 18 or older (class B felony, up to 25 years). Course of sexual conduct against a child in the first degree (repeated sexual acts over at least three months with a child under 11, or under 13 by someone 18 or older) is also a class B felony. Predatory sexual assault against a child (an adult committing first-degree rape, aggravated sexual abuse or first-degree course of sexual conduct against a child under 13) is a class A-II felony, with a maximum of life imprisonment. Sexual abuse in the first degree (sexual contact with a child under 11, or under 13 by someone 21 or older) is a class D felony (up to 7 years).
What are the child pornography laws in New York?
New York calls these crimes involving a 'sexual performance by a child', and the laws cover digitally created or altered material. Use of a child in a sexual performance (employing, authorizing or inducing a child under 17 to take part) is a class C felony (up to 15 years). Promoting a sexual performance by a child under 17 (producing, directing or promoting it) is a class D felony (up to 7 years), as is promoting an obscene sexual performance by a child. Possessing, or knowingly accessing with intent to view, a sexual performance by a child under 16 (and possessing an obscene one) is a class E felony (up to 4 years).
Is online solicitation of a minor a felony in New York?
Disseminating indecent material to minors in the first degree covers knowingly using a computer or online system to start or carry on communication with a minor that depicts or describes nudity or sexual conduct harmful to minors, and through it luring, inviting or persuading the minor to engage in sexual contact or a sexual performance. It is a class D felony: up to 7 years.
What happens if you fail to register as a sex offender in New York?
People convicted of listed sex offenses register under the Sex Offender Registration Act and are assigned a risk level (1, 2 or 3) by the court. Level 1 offenders register and verify annually for 20 years. Level 2 and Level 3 offenders register for life (Level 2 designated on or after March 11, 2002), as do offenders designated sexual predators, sexually violent offenders or predicate sex offenders; Level 3 offenders and sexual predators must also verify their address in person every 90 days. A Level 2 offender without those designations may petition to be relieved of registration after 30 years, and any registrant may petition once a year to change the risk level. Failing to register or verify is a class E felony (up to 4 years) for a first offense and a class D felony (up to 7 years) for a later offense.
Can a felon own a gun in New York?
New York does not have one 'felon in possession' crime. Possessing a rifle, shotgun, antique or muzzle-loading firearm after a felony or 'serious offense' conviction is criminal possession of a weapon in the fourth degree, a class A misdemeanor (up to 364 days). Committing listed fourth-degree weapon possession offenses after having been convicted of any crime is criminal possession of a weapon in the third degree, a class D felony (up to 7 years). Handguns require a license, and possessing a firearm without one is charged under other weapon-possession sections that were not read for this entry.
Is hacking a crime in New York?
Unauthorized use of a computer (knowingly using or accessing a computer, service or network without authorization) is a class A misdemeanor (up to 364 days). Computer trespass (unauthorized access intending to commit a felony, or gaining access to computer material) is a class E felony (up to 4 years). Computer tampering (unauthorized access and intentionally altering or destroying another's data or programs) is a class A misdemeanor in the fourth degree; third degree (class E felony) if done to commit a felony, after a prior conviction, or causing over $1,000 in damage; second degree (class D felony) above $3,000 or when altering medical records causes serious injury; and first degree (class C felony, up to 15 years) above $50,000.
Is New York a one-party consent state?
One-party consent. Eavesdropping, a class E felony (up to 4 years), means unlawfully wiretapping, mechanically overhearing a conversation, or intercepting or accessing an electronic communication. Wiretapping is defined as recording a phone call by someone who is not a sender or receiver and without the consent of either; mechanical overhearing is recording an in-person conversation by someone not present and without the consent of at least one party. So a participant in a call or conversation, or someone with one party's consent, may record it.
Is filing a false police report a crime in New York?
Falsely reporting an incident in the third degree (knowingly reporting to police a crime that did not happen, giving false information about a crime, making a false report of an emergency to an emergency agency, or spreading a false warning likely to cause public alarm) is a class A misdemeanor (up to 364 days). False reports of a fire, explosion or hazardous-substance release are second degree, a class E felony (up to 4 years). It becomes first degree, a class D felony (up to 7 years), for a repeat second-degree offense, when an emergency responder is seriously injured or killed responding, when someone is seriously injured or killed in an emergency-vehicle crash, or for a false fire or explosion alarm at a school, arena, mall, transit facility or other public place. The sections read do not use the word swatting.
Does New York have a hate crime law?
Yes. A person commits a hate crime by committing a listed offense (including assault, menacing, homicide, sex offenses, kidnapping, burglary, criminal mischief, larceny, robbery, harassment and false reporting) and intentionally selecting the victim, or acting, because of a belief or perception about race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability or sexual orientation. For a misdemeanor or a class C, D or E felony, the offense is treated as one category higher; a violent felony stays a violent felony; class B and A-I felonies get higher minimum sentences (for example, at least 20 years minimum for a class A-I felony). The court must also order a hate-crime prevention or education program when one is appropriate and available.
What happens if you violate parole in New York?
New York still has parole for some sentences and post-release supervision for determinate sentences; the Department of Corrections and Community Supervision and the Board of Parole handle violations. A parole officer reports a suspected violation and a notice of violation or warrant may issue; a preliminary hearing is held within 5 or 10 days (probable cause by a preponderance of the evidence) and a final revocation hearing within 30 or 45 days, where a charge must be proved by clear and convincing evidence. For most technical violations (non-criminal rule breaks), jail is barred or capped: no reincarceration for a first or second violation and up to 7, 15 or 30 days for later ones, with short caps for absconding, and the officer must impose the least restrictive reasonable sanction. If charges are sustained, the person may be restored to supervision, sent to community re-entry services, or reincarcerated (for post-release supervision, up to the remaining term, at most 5 years).
What happens if you violate a restraining order in New York?
Disobeying a court order, including an order of protection, is criminal contempt in the second degree, a class A misdemeanor (up to 364 days). Criminal contempt in the first degree, a class E felony (up to 4 years), covers violating an order of protection by threatening, following, repeatedly calling or communicating, physical contact or menace meant to cause fear, damaging the protected person's property over $250, or violating a stay-away order within 5 years of a prior contempt conviction. Aggravated criminal contempt, a class D felony (up to 7 years), covers violating an order of protection and causing physical injury, or repeat first-degree contempt after a prior aggravated contempt conviction or within 5 years of a prior first-degree conviction.
When can a juvenile be tried as an adult in New York?
Under 'Raise the Age', people under 18 are generally not criminally responsible, with exceptions. A 13-year-old may be prosecuted for second-degree murder, and 14- and 15-year-olds for listed serious felonies such as first-degree kidnapping, arson, assault, manslaughter, rape and robbery, and certain school-grounds firearm possession (juvenile offenders). Sixteen- and seventeen-year-olds are responsible for felonies (adolescent offenders) but their cases begin in the Youth Part of adult court. For non-violent felonies the case must be removed to family court unless the district attorney shows 'extraordinary circumstances'; for violent and class A felonies it stays in the Youth Part only if the prosecutor proves the youth caused significant physical injury, displayed a firearm or deadly weapon, or committed a sex offense.
Does New York have the death penalty?
New York's death penalty is still written into its laws but cannot currently be imposed. Penal Law 60.06 still lists death as a possible sentence for first-degree murder, under the jury sentencing procedure in Criminal Procedure Law 400.27. In People v. LaValle (June 24, 2004), the Court of Appeals held that the jury deadlock instruction in CPL 400.27(10) is unconstitutional under article I, section 6 of the State Constitution and that this defect 'can only be cured by a new deadlock instruction from the Legislature'. The official text of CPL 400.27 (most recent revision 2020) still carries a note that subdivision 10 was declared unconstitutional, so the court-identified defect remains. First-degree murder is otherwise punished by life without parole or a class A-I prison term.
Can felons vote in New York?
A person convicted of a felony and sentenced to prison loses the right to register and vote only while incarcerated for that felony. People on parole, on probation, or with a suspended prison sentence can vote; the same rule applies to federal and out-of-state felony convictions. No application or waiting period is required after release.
How do you restore your rights after a felony in New York?
Voting returns automatically on release from incarceration. Jury service is different: a juror must 'not have been convicted of a felony.' Other rights lost by conviction can be restored by a certificate of relief from disabilities or a certificate of good conduct, which relieve automatic forfeitures, disabilities and employment bars (including the right to vote); a certificate of relief from disabilities does not restore eligibility for public office. Neither certificate restores eligibility for a firearm license or permit after a class A-I felony or a violent felony offense.
Does New York have a three strikes law?
New York has two repeat-offender laws. A persistent violent felony offender (convicted of a violent felony after two or more prior violent felony convictions) must receive an indeterminate sentence with a maximum of life imprisonment; the minimum must be at least 20 years for a class B felony, 16 years for a class C and 12 years for a class D (in each case not more than 25 years). For crimes covered by the version effective September 1, 2027, those minimums become at least 10, 8 and 6 years. A persistent felony offender (any felony after two or more prior felony convictions) may, if the court finds extended incarceration and lifetime supervision best serve the public interest, be sentenced as for a class A-I felony (up to life).
Is delta-8 legal in New York?
Banned in cannabinoid hemp products. Since December 13, 2023, cannabinoid hemp products sold or distributed in New York may not contain synthetic or artificially derived cannabinoids or cannabinoids created through isomerization, including delta-8 THC and delta-10 THC, and must contain no more than 0.3 percent delta-9 THC. Food, drinks and other orally consumed hemp products are limited to 1 milligram of THC per serving and 10 milligrams per package. Licensed hemp retailers must attest that they will not sell flower, inhalable concentrates (such as vape cartridges) or any product with more than 0.5 milligrams of total THC per serving to anyone under 21. The Office of Cannabis Management licenses businesses that make, distribute or sell cannabinoid hemp products; intoxicating THC products are otherwise sold through the licensed adult-use cannabis system.
Are magic mushrooms legal in New York?
Psilocybin and psilocyn are Schedule I controlled substances in New York. Knowingly and unlawfully possessing any amount of a controlled substance is at least criminal possession of a controlled substance in the seventh degree, a class A misdemeanor (up to 364 days); possession of larger amounts or with intent to sell is charged as a felony under higher-degree sections. Possession discovered because a person sought emergency help for an overdose or medical emergency is not a violation of that section. New York has no legal psilocybin program under the sections read.
Is CBD legal in New York?
Hemp CBD products are legal and regulated by the Office of Cannabis Management, which requires a license or permit to manufacture, process, distribute or sell cannabinoid hemp products. Products must be made under federal food or supplement manufacturing rules, be lab tested with a scannable certificate of analysis, contain no more than 0.3 percent delta-9 THC, and (for ingestible products where CBD is the main cannabinoid) have at least 15 parts CBD to 1 part THC. Orally consumed products, including food and beverages, are limited to 1 milligram of THC and 100 milligrams of total cannabinoids per serving, and 10 milligrams of THC and 3,000 milligrams of total cannabinoids per package; tinctures to 100 milligrams of THC and 4,000 milligrams of cannabinoids per package. Hemp products may not be sold as cigarettes, cigars or pre-rolls, and packaging may not appeal to people under 21.
What is the smoking and vaping age in New York?
The minimum age to buy tobacco products, vapor products and e-cigarettes is 21: sellers may not sell them to individuals under twenty-one years of age. The section read sets no penalty on the young buyer; seller penalties are set in Public Health Law 1399-ee (not read).
Is elder abuse a felony in New York?
New York makes it a crime for a paid caregiver to abuse a 'vulnerable elderly person' (someone 60 or older) or an incompetent or physically disabled person. Endangering the welfare of such a person in the second degree (intentionally or recklessly causing physical injury, negligently causing injury with a deadly weapon or dangerous instrument, or subjecting the person to sexual contact without consent) is a class E felony (up to 4 years). The first degree (intentionally or recklessly causing serious physical injury) is a class D felony (up to 7 years). A caregiver under these sections is someone who takes responsibility for the person's care and is paid for it.
Is voyeurism a felony in New York?
New York calls this unlawful surveillance. Unlawful surveillance in the second degree, a class E felony (up to 4 years), covers secretly using or installing an imaging device to view or record a person dressing, undressing or their intimate parts in a private setting, without consent, for amusement, profit, degradation or sexual gratification; secretly recording in a bedroom, bathroom, changing room, shower or hotel room with no legitimate purpose; recording under a person's clothing ('upskirting'); and secretly recording someone engaged in sexual conduct. A repeat offense within ten years of a prior unlawful surveillance conviction is unlawful surveillance in the first degree, a class D felony (up to 7 years).
Is assaulting a police officer a felony in New York?
Intentionally causing physical injury to a police officer, peace officer, firefighter, EMT or paramedic (and other listed workers such as nurses, prosecutors, traffic agents and sanitation workers) to prevent them from performing a lawful duty is assault in the second degree, a class D felony (up to 7 years). Causing serious physical injury to a police officer, peace officer, firefighter or EMS worker with intent to prevent a lawful duty is assault on a peace officer, police officer, firefighter or emergency medical services professional, a class C felony (up to 15 years). Intentionally causing serious physical injury to an on-duty police or peace officer with a deadly weapon or dangerous instrument is aggravated assault upon a police officer or a peace officer, a class B felony (up to 25 years).
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.