Loitering in the first degree · as in force on May 31, 2026
§ 240.36 Loitering in the first degree.
A person is guilty of loitering in the first degree when he loiters or remains in any place with one or more persons for the purpose of unlawfully using or possessing a controlled substance, as defined in section 220.00 of this chapter.
Loitering in the first degree is a class B misdemeanor.
Remaining somewhere with at least 1 other person to unlawfully use or possess a controlled substance defined in § 220.00 is first-degree loitering, a class B misdemeanor. ★
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.