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OFFENSES AGAINST PUBLIC ORDER

NEW YORK PENAL LAW

VIOLATIONS:

NYPL § 240.20 - Disorderly Conduct:

A person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof:

1. He engages in fighting or in violent, tumultuous or threatening behavior;  or

2. He makes unreasonable noise;  or

3. In a public place, he uses abusive or obscene language, or makes an obscene gesture;  or

4. Without lawful authority, he disturbs any lawful assembly or meeting of persons;  or

5. He obstructs vehicular or pedestrian traffic;  or

6. He congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse;  or

7. He creates a hazardous or physically offensive condition by any act which serves no legitimate purpose.

NYPL § 240.26 - Harassment in the 2nd Degree:

A person is guilty of harassment in the 2nd degree when, with intent to harass, annoy or alarm another person:

1. He or she strikes, shoves, kicks or otherwise subjects such other person to physical contact, or attempts or threatens to do the same;  or

2. He or she follows a person in or about a public place or places;  or

3. He or she engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose.

NYPL § 240.35 - Loitering: *

A person is guilty of loitering when he:

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2. Loiters or remains in a public place for the purpose of gambling with cards, dice or other gambling paraphernalia;  or

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4. Being masked or in any manner disguised by unusual or unnatural attire or facial alteration, loiters, remains or congregates in a public place with other persons so masked or disguised, or knowingly permits or aids persons so masked or disguised to congregate in a public place;  except that such conduct is not unlawful when it occurs in connection with a masquerade party or like entertainment if, when such entertainment is held in a city which has promulgated regulations in connection with such affairs, permission is first obtained from the police or other appropriate authorities;  or

5. Loiters or remains in or about school grounds, a college or university building or grounds or a children's overnight camp as defined in NY Pub. Health Law § 1392.00, or a summer day camp as defined in NY Pub. Health Law § 1392.00, or loiters, remains in or enters a school bus as defined in NY VTL § 142, not having any reason or relationship involving custody of or responsibility for a pupil or student, or any other specific, legitimate reason for being there, and not having written permission from anyone authorized to grant the same or loiters or remains in or about such children's overnight camp or summer day camp in violation of conspicuously posted rules or regulations governing entry and use thereof;  or

6. Loiters or remains in any transportation facility, unless specifically authorized to do so, for the purpose of soliciting or engaging in any business, trade or commercial transactions involving the sale of merchandise or services, or for the purpose of entertaining persons by singing, dancing or playing any musical instrument;  or

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NYPL § 240.40 - Appearance in Public Under the Influence of Narcotics or a Drug other than Alcohol:

A person is guilty of appearance in public under the influence of narcotics or a drug other than alcohol when he appears in a public place under the influence of narcotics or a drug other than alcohol to the degree that he may endanger himself or other persons or property, or annoy persons in his vicinity. 

 

CLASS B MISDEMEANORS:

NYPL § 240.10 - Unlawful Assembly:

A person is guilty of unlawful assembly when he assembles with 4 or more other persons for the purpose of engaging or preparing to engage with them in tumultuous and violent conduct likely to cause public alarm, or when, being present at an assembly which either has or develops such purpose, he remains there with intent to advance that purpose.

NYPL § 240.25 - Harassment in the 1st Degree:

A person is guilty of harassment in the 1st degree when he or she intentionally and repeatedly harasses another person by following such person in or about a public place or places or by engaging in a course of conduct or by repeatedly committing acts which places such person in reasonable fear of physical injury.

 

CLASS A MISDEMEANORS:

NYPL § 240.30 - Aggravated Harassment in the 2nd Degree: *

A person is guilty of aggravated harassment in the 2nd degree when, with intent to harass, annoy, threaten or alarm another person, he or she:

1. Either

(a) communicates with a person, anonymously or otherwise, by telephone, by telegraph, or by mail, or by transmitting or delivering any other form of written communication, in a manner likely to cause annoyance or alarm;  or

(b) causes a communication to be initiated by mechanical or electronic means or otherwise with a person, anonymously or otherwise, by telephone, by telegraph, or by mail, or by transmitting or delivering any other form of written communication, in a manner likely to cause annoyance or alarm;  or

2. Makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication;  or

3. Strikes, shoves, kicks, or otherwise subjects another person to physical contact, or attempts or threatens to do the same because of a belief or perception regarding such person's race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation, regardless of whether the belief or perception is correct;  or

4. Strikes, shoves, kicks or otherwise subjects another person to physical contact thereby causing physical injury to such person or to a family or household member of such person as defined in NY Crim. Proc. Law § 5301.11.

5. Commits the crime of harassment in the 1st degree and has previously been convicted of the crime of Harassment in the 1st Degree as defined by NYPL § 240.25 of this article within the preceding 10 years. 

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*Not verbatim. Click here for link to full text of current law

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