N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Against Public Administration / ARTICLE Escape and Other Offenses Relating to Custody
New York Consolidated Laws

N.Y. Penal Law § 205.00 (2026)

Escape and other offenses relating to custody; definitions of terms

✓ current as of May 2026
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§ 205.00 Escape and other offenses relating to custody; definitions of
           terms.
  The following definitions are applicable to this article:
  1. "Detention Facility" means any place used for the confinement,
pursuant to an order of a court, of a person (a) charged with or
convicted of an offense, or (b) charged with being or adjudicated a
youthful offender, person in need of supervision or juvenile delinquent,
or (c) held for extradition or as a material witness, or (d) otherwise
confined pursuant to an order of a court.
  2. "Custody" means restraint by a public servant pursuant to an
authorized arrest or an order of a court.
  3. "Contraband" means any article or thing which a person confined in
a detention facility is prohibited from obtaining or possessing by
statute, rule, regulation or order.
  4. "Dangerous contraband" means contraband which is capable of such
use as may endanger the safety or security of a detention facility or
any person therein.
Notes of Decisions
Cited in 132 cases (6 in the last 5 years), 1985–2025 · leading case: People v. Finley, 891 N.E.2d 1165 (NY 2008).
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People v. Finley, 891 N.E.2d 1165 (NY 2008). · cites it 12× “The issue in each of these appeals by defendants, inmates in New York State detention facilities, is whether small amounts of marihuana were "dangerous contraband" under Penal Law § 205.00 (4) and § 205.25 (2). We conclude that they were not.”
People v. Green, 119 A.D.3d 23 (N.Y. App. Div. 2014). · cites it 4× ““Dangerous contraband,” in turn, is defined as “contraband which is capable of such use as may endanger the safety or security of a detention facility or any person therein” (Penal Law § 205.00 [4]). There is no dispute that defendant was confined to a detention facility in…”
People v. Gagnier, 146 A.D.3d 1019 (N.Y. App. Div. 2017). “Considering the inmate’s withdrawal illness, we also find legally sufficient evidence for the jury to reasonably conclude that the heroin packet constituted “dangerous contraband” (Penal Law §§ 205.00 [4]; 205.25 [2]; see People v Verley, 121 AD3d 1300 , 1301 [2014], lv denied…”
People v. Barzee, 2021 NY Slip Op 00052 (N.Y. App. Div. 2021). · cites it 2× “[*2]"Contraband" is defined as "any article or thing which a person in a detention facility is prohibited from obtaining or possessing by statute, rule, regulation or order" (Penal Law § 205.00 [3]), whereas "[d]angerous contraband" is defined as "contraband which is capable of…”
Matter of Dylan C., 949 N.E.2d 949 (NY 2011). · cites it 8× “00 (1) as "any place used for the confinement, pursuant to an order of a court, of a person (a) charged with or convicted of an offense, or (b) charged with being or adjudicated a youthful offender, person in need of supervision or juvenile delinquent.”
In re Dylan C., 69 A.D.3d 127 (N.Y. App. Div. 2009). · cites it 8× “ed since 1965, is “any place used for the confinement, pursuant to an order of a court, of a person (a) charged with or *131 convicted of an offense, or (b) charged with being or adjudicated a youthful offender, person in need of supervision or juvenile delinquent, or (c) held…”
People v. Jones, 134 A.D.2d 701 (N.Y. App. Div. 1987). · cites it 6× “Defense counsel’s objection to this part of the charge is premised on his claim that since "escape” is not found in the definition of either first or second degree promoting prison contraband, it should have been left for the jury to decide whether the term "security” as used in…”
People v. Ortega, 127 Misc. 2d 717 (N.Y. Sup. Ct. 1985). · cites it 5× “” (Penal Law § 205.00 [1].) Paragraph (d) of this section is at issue here.”
People v. Motley, 119 A.D.2d 57 (N.Y. App. Div. 1986). · cites it 5× “Contraband is defined as "any article or thing which a person confined in a detention facility is prohibited from obtaining or possessing by statute, rule, regulation or order” (Penal Law § 205.00 [3]). Assuming that the failure to file the relevant rules at issue herein…”
People v. Salters, 30 A.D.3d 903 (N.Y. App. Div. 2006). · cites it 4× “00 [4]), defined as “contraband which is capable of such use as may endanger the safety or security of a detention facility or any person therein” (Penal Law § 205.00 [4] [emphasis added]).”
People v. Hernandez, 42 A.D.3d 657 (N.Y. App. Div. 2007). · cites it 2× “"Dangerous contraband” is defined as “contraband which is capable of such use as may endanger the safety or security of a detention facility or any person therein” (Penal Law § 205.00 [4]), while “[contraband” is anything “which a person confined in a detention facility is…”
People v. Maldonado, 658 N.E.2d 1028 (NY 1995). “A person is in custody when he is restrained by a public officer following an authorized arrest (Penal Law § 205.00 [2]). The only element in question in this appeal, and the focus of our inquiry, is the sufficiency of the evidence supporting the existence of the underlying…”
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