N.Y. Penal Law Section 240.45
Criminal nuisance in the second degree

A person is guilty of criminal nuisance in the second degree when:

1.

By conduct either unlawful in itself or unreasonable under all the circumstances, he knowingly or recklessly creates or maintains a condition which endangers the safety or health of a considerable number of persons; or

2.

He knowingly conducts or maintains any premises, place or resort where persons gather for purposes of engaging in unlawful conduct. Criminal nuisance in the second degree is a class B misdemeanor.

Source: Section 240.45 — Criminal nuisance in the second degree, https://www.­nysenate.­gov/legislation/laws/PEN/240.­45 (updated Sep. 22, 2014; accessed Nov. 15, 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:
Nov. 15, 2025

Last modified:
Sep. 22, 2014

§ 240.45. Crim. nuisance in the second degree's source at nysenate​.gov

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