N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Involving Fraud / ARTICLE Criminal Diversion of Prescription Medications and Prescriptions
New York Consolidated Laws

N.Y. Penal Law § 178.15 (2026)

Criminal diversion of prescription medications and prescriptions in the third degree

✓ current as of May 2026
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§ 178.15 Criminal diversion of prescription medications and
           prescriptions in the third degree.
  A person is guilty of criminal diversion of prescription medications
and prescriptions in the third degree when he or she:
  1. commits a criminal diversion act, and the value of the benefit
exchanged is in excess of one thousand dollars; or
  2. commits the crime of criminal diversion of prescription medications
and prescriptions in the fourth degree, and has previously been
convicted of the crime of criminal diversion of prescription medications
and prescriptions in the fourth degree.
  Criminal diversion of prescription medications and prescriptions in
the third degree is a class E felony.
Notes of Decisions
Cited in 4 cases, 1999–2020 · leading case: People v. Medinas, 180 Misc. 2d 251 (N.Y. Sup. Ct. 1999).
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People v. Medinas, 180 Misc. 2d 251 (N.Y. Sup. Ct. 1999). · cites it 5× “The indictment contains one count, which charges the defendant with criminal diversion of prescription medications and prescriptions in the third degree (Penal Law § 178.15), a class E felony. The charge alleges that the defendant knowingly bought three prescription medications…”
People v. Ross, 2008 NY Slip Op 50201 (N.Y. Sup. Ct. 2006). “In People v Medinas ( 180 Misc 2d 251, 255 [Sup Ct, Kings County 1999]), the court was called upon to determine the meaning of the phrase “value of benefit exchanged” in Penal Law § 178.15 (1), a class E felony.”
People v. Polanco, 24 Misc. 3d 406 (N.Y. City Crim. Ct. 2009). “” (Penal Law § 178.15 [1].) A criminal diversion act is “an act or acts in which a person knowingly: (a) transfers or delivers, in exchange for anything of pecuniary value, a prescription medication or device with knowledge or reasonable grounds to know that the recipient has no…”
Carter v. Leroy Fields, Supt. (E.D.N.Y 2020). · cites it 2× “16 [1]; (3) criminal diversion of prescription medications and prescriptions in the third degree, in violation of N.Y. Penal Law § 178.15 [1]; and (4) criminal diversion of prescription medications and prescriptions in the fourth degree, in violation of N.”
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