Penal Law § 240.36

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.

Official sourcehttps://www.nysenate.gov/legislation/laws/PEN/240.36

In plain English

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.

In print

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.