Criminal nuisance in the first degree · as in force on May 31, 2026
§ 240.46 Criminal nuisance in the first degree.
A person is guilty of criminal nuisance in the first degree when he knowingly conducts or maintains any premises, place or resort where persons come or gather for purposes of engaging in the unlawful sale of controlled substances in violation of section 220.39, 220.41, or 220.43 of this chapter, and thereby derives the benefit from such unlawful conduct.
Criminal nuisance in the first degree is a class E felony.
Knowingly operating or maintaining a place where people gather to unlawfully sell controlled substances in violation of §§ 220.39, 220.41, or 220.43, and benefiting from that conduct, is first-degree criminal nuisance, a class E felony. ★
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.