N.Y. Penal Law Section 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. Appearance in public under the influence of narcotics or a drug other than alcohol is a violation.

Source: Section 240.40 — Appearance in public under the influence of narcotics or a drug other than alcohol, https://www.­nysenate.­gov/legislation/laws/PEN/240.­40 (updated Sep. 22, 2014; accessed Oct. 25, 2025).

240.00
Offenses against public order 240.05
Riot in the second degree 240.06
Riot in the first degree 240.08
Inciting to riot 240.10
Unlawful assembly 240.15
Criminal anarchy 240.20
Disorderly conduct 240.21
Disruption or disturbance of a religious service, funeral, burial or memorial service 240.25
Harassment in the first degree 240.26
Harassment in the second degree 240.30
Aggravated harassment in the second degree 240.31
Aggravated harassment in the first degree 240.32
Aggravated harassment of an employee by an incarcerated individual 240.33
Aggravated harassment of a judge 240.35
Loitering 240.36
Loitering in the first degree 240.40
Appearance in public under the influence of narcotics or a drug other than alcohol 240.45
Criminal nuisance in the second degree 240.46
Criminal nuisance in the first degree 240.48
Disseminating a false registered sex offender notice 240.50
Falsely reporting an incident in the third degree 240.55
Falsely reporting an incident in the second degree 240.60
Falsely reporting an incident in the first degree 240.61
Placing a false bomb or hazardous substance in the second degree 240.62
Placing a false bomb or hazardous substance in the first degree 240.63
Placing a false bomb or hazardous substance in a sports stadium or arena, mass transportation facility or enclosed shopping mall 240.65
Unlawful prevention of public access to records 240.70
Criminal interference with health care services or religious worship in the second degree 240.71
Criminal interference with health care services or religious worship in the first degree 240.72
Aggravated interference with health care services in the second degree 240.73
Aggravated interference with health care services in the first degree 240.75
Aggravated family offense 240.76
Directing a laser at an aircraft in the second degree 240.77
Directing a laser at an aircraft in the first degree 240.78
Making a threat of mass harm 240.79
Aggravated threat of mass harm
Green check means up to date. Up to date

Verified:
Oct. 25, 2025

Last modified:
Sep. 22, 2014

§ 240.40. Appearance in public under the influence of narcotics or a drug other than alcohol's source at nysenate​.gov

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