New York Consolidated Laws

N.Y. Penal Law § 178.20 (2026)

Criminal diversion of prescription medications and prescriptions in the second degree

✓ current as of May 2026

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§ 178.20 Criminal diversion of prescription medications and
           prescriptions in the second degree.
  A person is guilty of criminal diversion of prescription medications
and prescriptions in the second degree when he or she commits a criminal
diversion act, and the value of the benefit exchanged is in excess of
three thousand dollars.
  Criminal diversion of prescription medications and prescriptions in
the second degree is a class D felony.

Notes of Decisions

Cited in 4 cases, 1997–2012 · leading case: People v. Khan, 965 N.E.2d 901 (NY 2012).

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People v. Khan, 965 N.E.2d 901 (NY 2012). “35), criminal diversion of prescription medications in the second degree (Penal Law § 178.20), and four counts of criminal diversion of prescription medications in the fourth degree (Penal Law § 178.”

People v. Khan, 82 A.D.3d 44 (N.Y. App. Div. 2011). “35), criminal diver *51 sion of prescription medications in the second degree (Penal Law § 178.20), and health care fraud in the fourth degree (Penal Law § 177.”

People v. Emmi, 254 A.D.2d 840 (N.Y. App. Div. 1998). “42) and criminal diversion of prescription medications and prescriptions in the second degree (Penal Law § 178.20). By his guilty plea, defendant forfeited appellate review of his contention that the prosecutor made improper use of a proposed indictment in the Grand Jury (see,…”

Emmi v. Burke, 236 A.D.2d 854 (N.Y. App. Div. 1997). “42) and criminal diversion of prescription medications and prescriptions in the second degree (Penal Law § 178.20) for wrongfully taking and converting to his own use more than $3,000,000 in prescription medications.”

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