New York statute
N.Y. Penal Law § 240.06 — Riot in the first degree
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 240: Offenses Against Public Order, New York Penal Law.
Criminal charges under this statute
Full text of N.Y. Penal Law § 240.06
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
240.06 Riot in the first degree.
A person is guilty of riot in the first degree when he:
1. Simultaneously with ten or more other persons, engages in
tumultuous and violent conduct and thereby intentionally or recklessly
causes or creates a grave risk of causing public alarm, and in the
course of and as a result of such conduct, a person other than one of
the participants suffers physical injury or substantial property damage
occurs; or
2. While in a correctional facility or a local correctional facility,
as those terms are defined in subdivisions four and sixteen,
respectively, of section two of the correction law, simultaneously with
ten or more other persons, engages in tumultuous and violent conduct and
thereby intentionally or recklessly causes or creates a grave risk of
causing alarm within such correctional facility or local correctional
facility and in the course of and as a result of such conduct, a person
other than one of the participants suffers physical injury or
substantial property damage occurs.
Riot in the first degree is a class E felony.
Official sources
Legal terms used in this section
Questions this section answers
What class of felony is riot in the first degree in New York?
Riot in the first degree is a Class E Felony in New York under N.Y. Penal Law § 240.06.
Which New York statute covers riot in the first degree?
Riot in the first degree is governed by N.Y. Penal Law § 240.06 (Riot in the first degree).
This reference is informational and is not legal advice.