N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Against Public Administration / ARTICLE Official Misconduct and Obstruction of Public Servants Generally
New York Consolidated Laws

N.Y. Penal Law § 195.05 (2026)

Obstructing governmental administration in the second degree

✓ current as of May 2026
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§ 195.05 Obstructing governmental administration in the second degree.
  A person is guilty of obstructing governmental administration when:
  1. Such person intentionally obstructs, impairs or perverts the
administration of law or other governmental function or prevents or
attempts to prevent a public servant from performing an official
function, by means of intimidation, physical force or interference, or
by means of any independently unlawful act, or by means of interfering,
whether or not physical force is involved, with radio, telephone,
television or other telecommunications systems owned or operated by the
state, or a county, city, town, village, fire district or emergency
medical service or by means of releasing a dangerous animal under
circumstances evincing the actor's intent that the animal obstruct
governmental administration; or
  2. With the intent to violate a closing order, order to seal,
temporary closing order, or temporary order to seal issued by a
governmental entity to address a public health or safety concern, such
person damages or removes any padlock or other device installed for the
purpose of effectuating such order.
  Obstructing governmental administration is a class A misdemeanor.
Notes of Decisions
Cited in 388 cases (88 in the last 5 years), 1977–2026 · leading case: People v. Sumter, 2017 NY Slip Op 4897 (N.Y. App. Div. 2017).
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People v. Sumter, 2017 NY Slip Op 4897 (N.Y. App. Div. 2017). · cites it 8× “prevents or attempts to prevent a public servant from performing an official function, by means of intimidation, physical force or interference" (Penal Law § 195.05). "[A] defendant may not be convicted of obstructing governmental administration or interfering with an officer in…”
People v. Dumay, 16 N.E.3d 1150 (N.Y. 2014). · cites it 2× “A person is guilty of obstructing governmental administration when that person “intentionally obstructs, impairs or perverts the administration of law or other governmental function or prevents or attempts to prevent a public servant from performing an official function, by…”
Smith v. Phillips, 455 U.S. 209 (1982). · cites it 2× “[6] If Smith were found to have engaged in a course of conscious misconduct, he might have been prosecuted under N. Y. Penal Law § 195.05 (obstructing governmental administration); § 215.”
Zellner v. Summerlin, 494 F.3d 344 (2d Cir. 2007). · cites it 2× “20(5) of the New York Penal Law as charged, or to arrest him under subsections (6) and (7) of that section or under N.Y. Penal Law § 195.05 (McKinney 1999) (see Defendants’ brief on appeal at 29-31).”
Graham v. City of New York, 128 F. Supp. 3d 681 (E.D.N.Y 2015). · cites it 4× “” N.Y. Penal Law § 195.05 ; see also Cameron v.”
Matter of Davan L., 689 N.E.2d 909 (N.Y. 1997). · cites it 4× “” The youth was arrested nearby shortly thereafter and a juvenile delinquency petition based on obstructing governmental administration in violation of Penal Law § 195.05 was presented. Family Court adjudicated respondent a juvenile delinquent and he was placed in the custody of…”
Breitkopf v. Gentile, 41 F. Supp. 3d 220 (E.D.N.Y 2014). · cites it 4× “05: Obstructing Governmental Administration Plaintiff alleges that Ramos, Gentile, and Cafarella are liable based on then-violation of N.Y. Penal Law § 195.05 . Section 195.05 provides, in relevant part, that “[a] person is guilty of obstructing governmental administration when…”
Ostroski v. Town of Southold, 443 F. Supp. 2d 325 (E.D.N.Y 2006). · cites it 2× “30 ), obstruction of governmental administration ( N.Y. Penal Law § 195.05 ), second degree harassment ( N.”
People v. Covington, 18 A.D.3d 65 (N.Y. App. Div. 2005). · cites it 6× “In this appeal, we are called upon to determine whether defendant’s actions, at the scene of a police narcotics raid, constitute the crime of obstructing governmental administration in the second degree (Penal Law § 195.05), or fall within the Court of Appeals holding in People…”
People v. Ravizee, 146 Misc. 2d 679 (N.Y. City Crim. Ct. 1990). · cites it 8× “Defendant herein, charged with one count of obstructing governmental administration in the second degree (Penal Law § 195.05) and resisting arrest (Penal Law § 205.”
Mediavilla v. City of New York, 259 F. Supp. 3d 82 (S.D.N.Y. 2016). · cites it 2× “s of residents, visitors, and workers must be balanced with that of protestors); Marcavage, 2010 WL 3910355 , at *10 (finding that the refusal of Plaintiffs, holding protest signs in a designated “no standing” or'“no expressive activity zone,” to obey “lawful dispersal orders…”
In re Gabriela A., 12 N.E.3d 1054 (N.Y. 2014). · cites it 4× “30) and obstructing governmental administration (Penal Law § 195.05). Gabriela A. denied the charges.”
Show all 388 citing cases →
N.Y. Penal Law § 195.05(1): 3 cases
People v. Clarke, 2025 NY Slip Op 51204(U) (Kings Criminal Ct. 2025).
People v. Garcia, 2025 NY Slip Op 50982(U) (N.Y. Cty. Ct., Columbia Cty. 2025).
People v. Garcia, 2025 NY Slip Op 50982(U) (N.Y. Cty. Ct., Columbia Cty. 2025).
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