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New York criminal charge

Evading arrest by concealment of identity in New York

Current through 2026 New York legislative session

Evading arrest by concealment of identity is a criminal offense under New York law, defined by N.Y. Penal Law § 205.35. Its classification is not fixed: New York assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.

Defined by N.Y. Penal Law § 205.35.

What is the penalty for evading arrest by concealment of identity in New York?

Penalties for Evading arrest by concealment of identity
PenaltyRangeBasisAuthority
Jail / prisonup to 3 months (Evading arrest by concealment of identity — A person wears a mask or facial covering or otherwise obscures their face, for no legitimate purpose with intent to prevent identification, apprehension, or arrest, in the course of committing a felony or class A misdemeanor or in immediate flight therefrom.; definite sentence (PEN 70.15(2)); probation of 1 year available instead (PEN 65.00(3)))discretionaryN.Y. Penal Law § 70.15
Fineup to $500 (Evading arrest by concealment of identity — A person wears a mask or facial covering or otherwise obscures their face, for no legitimate purpose with intent to prevent identification, apprehension, or arrest, in the course of committing a felony or class A misdemeanor or in immediate flight therefrom.; or up to double the defendant's gain from the crime (PEN 80.05(5)))discretionaryN.Y. Penal Law § 70.15

Applies to current.

How is evading arrest by concealment of identity classified in New York?

The classification depends on the circumstances:

Classification variants for Evading arrest by concealment of identity
VariantClassificationWhen it appliesStatute
Evading arrest by concealment of identityClass B MisdemeanorA person wears a mask or facial covering or otherwise obscures their face, for no legitimate purpose with intent to prevent identification, apprehension, or arrest, in the course of committing a felony or class A misdemeanor or in immediate flight therefrom.N.Y. Penal Law § 205.35undefined

Common questions about evading arrest by concealment of identity in New York

What class of misdemeanor is evading arrest by concealment of identity in New York?

Evading arrest by concealment of identity is a Class B Misdemeanor in New York under N.Y. Penal Law § 205.35.

Evading arrest by concealment of identity: Class B Misdemeanor (N.Y. Penal Law § 205.35)

What are the penalties for evading arrest by concealment of identity in New York?

Penalties for evading arrest by concealment of identity in New York depend on how it is classified — from a Class B Misdemeanor up to a Class B Misdemeanor — with the ranges set by N.Y. Penal Law § 70.15; the full table of ranges by variant is published on this page.

Which New York statute covers evading arrest by concealment of identity?

Evading arrest by concealment of identity is governed by N.Y. Penal Law § 205.35 (Evading arrest by concealment of identity).

Legal terms used in this law

This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.