N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation / ARTICLE Assault and Related Offenses
New York Consolidated Laws

N.Y. Penal Law § 120.16 (2026)

Hazing in the first degree

✓ current as of May 2026
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§ 120.16 Hazing in the first degree.
  A person is guilty of hazing in the first degree when, in the course
of another person's initiation into or affiliation with any
organization, he intentionally or recklessly engages in conduct,
including, but not limited to, making physical contact with or requiring
physical activity of such other person, which creates a substantial risk
of physical injury to such other person or a third person and thereby
causes such injury.
  Hazing in the first degree is a class A misdemeanor.
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1999–2026 · leading case: In re Khalil H., 80 A.D.3d 83 (N.Y. App. Div. 2010).
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In re Khalil H., 80 A.D.3d 83 (N.Y. App. Div. 2010). · cites it 7× “” In this case, we primarily address whether a high school gang is an “organization” within the meaning of New York’s hazing statutes (Penal Law §§ 120.16, 120.17) and whether a complainant can consent to being hazed.”
Oja v. Grand Chapter of Theta Chi Fraternity, Inc., 258 A.D.2d 924 (N.Y. App. Div. 1999). · cites it 2× “In addition to asserting claims premised upon General Obligations Law § 11-100, plaintiffs have also charged the individual defendants with common-law negligence and violation of Penal Law § 120.16, an anti-hazing statute.”
Oja v. Grand Chapter of Theta Chi Fraternity, Inc., 257 A.D.2d 924 (N.Y. App. Div. 1999). · cites it 2× “In addition to asserting claims premised upon General Obligations Law § 11-100, plaintiffs have also charged the individual defendants with common-law negligence, and violation of Penal Law § 120.16, an anti-hazing statute.”
People v. Ashton O., 2026 NY Slip Op 00750 (N.Y. App. Div. 2026). “It is hereby ORDERED that the adjudication so appealed from is unanimously reversed on the law, the plea is vacated, and the matter is remitted to Wayne County Court for further proceedings in accordance with the following memorandum: Defendant appeals from a youthful offender…”
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