New York statute
N.Y. Penal Law § 240.46 — Criminal nuisance 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 § 240.46
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.
240.46 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.
Official sources
Legal terms used in this section
Questions this section answers
What class of felony is criminal nuisance in the first degree in New York?
Criminal nuisance in the first degree is a Class E Felony in New York under N.Y. Penal Law § 240.46.
Which New York statute covers criminal nuisance in the first degree?
Criminal nuisance in the first degree is governed by N.Y. Penal Law § 240.46 (Criminal nuisance in the first degree).
This reference is informational and is not legal advice.