Penal Law § 240.45

Criminal nuisance in the second degree · as in force on May 31, 2026

§ 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.

Official sourcehttps://www.nysenate.gov/legislation/laws/PEN/240.45

In plain English

A person commits second-degree criminal nuisance by:

(1) Through unlawful or unreasonable conduct, knowingly or recklessly creating or maintaining a condition endangering the health or safety of many people; or
(2) Knowingly operating or maintaining a place where people gather for unlawful conduct. ★

The offense is 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.