{"jurisdiction": "us-ny", "code": "penal", "section": "240.45", "citation": "Penal Law § 240.45", "heading": "Criminal nuisance in the second degree", "text": ["§ 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_source": "https://www.nysenate.gov/legislation/laws/PEN/240.45", "from_official_api": true, "plain_english": "A person commits second-degree criminal nuisance by:\n- **(1)** Through unlawful or unreasonable conduct, **knowingly or recklessly creating or maintaining a condition endangering the health or safety of many people**; or\n- **(2)** **Knowingly operating or maintaining a place where people gather for unlawful conduct**. ★\nThe offense is a **class B misdemeanor**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/240.45", "publisher": "Elyphived LLC"}