New York statute
N.Y. Penal Law § 240.36 — Loitering 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 § 240.36
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.
240.36 Loitering in the first degree.
A person is guilty of loitering in the first degree when he loiters or
remains in any place with one or more persons for the purpose of
unlawfully using or possessing a controlled substance, as defined in
section 220.00 of this chapter.
Loitering in the first degree is a class B misdemeanor.
Official sources
Legal terms used in this section
Questions this section answers
What class of misdemeanor is loitering in the first degree in New York?
Loitering in the first degree is a Class B Misdemeanor in New York under N.Y. Penal Law § 240.36.
Which New York statute covers loitering in the first degree?
Loitering in the first degree is governed by N.Y. Penal Law § 240.36 (Loitering in the first degree).
This reference is informational and is not legal advice.