N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Against Public Order, Public Sensibilities and the Right to Privacy / ARTICLE Offenses Against Public Order
New York Consolidated Laws

N.Y. Penal Law § 240.20 (2026)

Disorderly conduct

✓ current as of May 2026
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§ 240.20 Disorderly conduct.
  A person is guilty of disorderly conduct when, with intent to cause
public inconvenience, annoyance or alarm, or recklessly creating a risk
thereof:
  1. He engages in fighting or in violent, tumultuous or threatening
behavior; or
  2. He makes unreasonable noise; or
  3. In a public place, he uses abusive or obscene language, or makes an
obscene gesture; or
  4. Without lawful authority, he disturbs any lawful assembly or
meeting of persons; or
  5. He obstructs vehicular or pedestrian traffic; or
  6. He congregates with other persons in a public place and refuses to
comply with a lawful order of the police to disperse; or
  7. He creates a hazardous or physically offensive condition by any act
which serves no legitimate purpose.
  Disorderly conduct is a violation.
Notes of Decisions
Cited in 634 cases (112 in the last 5 years), 1972–2026 · leading case: Brown v. City of New York, 798 F.3d 94 (2d Cir. 2015).
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Brown v. City of New York, 798 F.3d 94 (2d Cir. 2015). · cites it 5× “Her arrest was stated to be for “refusing 12 to move on” in violation of the disorderly conduct provision, 13 subsection 6, of N.Y. Penal Law § 240.20 . Later, Officer Naimoli 14 spoke with an assistant district attorney who prepared a criminal 15 complaint.”
Lynch v. City of New York, 952 F.3d 67 (2d Cir. 2020). · cites it 2× “One summons accused Lynch of disorderly conduct in violation of 5 N.Y. Penal Law § 240.20 (5) (the "240.20(5) Summons"), charging as follows: 6 At time + place of occurrence (opposite 123 West 104th Street 7 at 8:47 p.”
People v. Jones, 878 N.E.2d 1016 (NY 2007). · cites it 4× “Defendant was charged, by information, with disorderly conduct in Manhattan (Penal Law § 240.20 [5]). 1 The information, tracking the statutory language, states, in part, that on June 12, 2004, at approximately 2:01 a.”
Matter of Zhuo Hong Zheng v. Hsin Cheng, 2016 NY Slip Op 8084 (N.Y. App. Div. 2016). · cites it 2× “Contrary to the Family Court’s determination, the petitioner established that the respondent committed the family offense of disorderly conduct (see Family Ct Act § 812 [1]; Penal Law § 240.20). The credible evidence presented at the hearing established that, while standing…”
Zellner v. Summerlin, 494 F.3d 344 (2d Cir. 2007). · cites it 2× “20 and obstructing the troopers’ functioning in violation of Penal Law § 195.”
City of Chicago v. Morales, 527 U.S. 41 (1999). · cites it 2× “§ 2C:33-1(b) (West 1995); N. Y. Penal Law § 240.20(6) (McKinney 1989); N.”
Garcia v. Does 1-40, 779 F.3d 84 (2d Cir. 2014). · cites it 2× “” N.Y. Penal Law § 240.20 (5). Plaintiffs were part of a large group that had gathered on a vehicular ramp approaching the Bridge and on the street behind it, locations generally reserved for vehicular traffic, making it impossible for vehicles to proceed.”
Rivera v. City of New York, 40 A.D.3d 334 (N.Y. App. Div. 2007). · cites it 4× “, Lorenzo Rivera and Marrero with assault in the second degree, rioting, resisting arrest, inciting to riot, disorderly conduct (Penal Law § 240.20 [1]) and harassment. 3 The court released all four arrested plaintiffs from custody after their arraignment.”
Hulett v. City of Syracuse, 253 F. Supp. 3d 462 (N.D.N.Y. 2017). · cites it 2× “In addition, neither the alleged conduct justifying the initial intervention—causing a delay to bus driver Wallace’s route—nor the primary alleged crime identified by the City defendants as resulting from that conduct—disorderly conduct—can fairly be described as “serious.”
People v. Baker, 984 N.E.2d 902 (NY 2013). · cites it 3× “At the close of the proof, defense counsel argued that the police lacked probable cause for the disorderly conduct arrest because defendant’s statements were not uttered with the intent to annoy, harass or alarm, the culpable mental state under the disorderly conduct statute…”
People v. Weaver, 944 N.E.2d 634 (NY 2011). · cites it 2× “30) and two counts of disorderly conduct (Penal Law § 240.20 [1], [3]). A jury acquitted defendant of second-degree assault but convicted him of resisting arrest and both counts of disorderly conduct.”
People v. Tichenor, 680 N.E.2d 606 (NY 1997). · cites it 4× “On this appeal, defendant challenges his affirmed conviction and the constitutionality of New York’s disorderly conduct statute (Penal Law § 240.20 [3]) under the State and Federal Constitutions.”
Show all 634 citing cases →
— N.Y. Penal Law § 240.20(03) — 1 case
Chevalier v. The City of New York (S.D.N.Y. 2020).
— N.Y. Penal Law § 240.20(06) — 1 case
Farghaly v. The City of New York (E.D.N.Y 2021).
— N.Y. Penal Law § 240.20(1) — 3 cases
Grant v. City of Syracuse, 357 F. Supp. 3d 180 (N.D.N.Y. 2019).
People v. McDonald (Joel) (N.Y. App. Term. 2016).
Kaplan v. The Cnty. of Warren (N.D.N.Y. 2021).
— N.Y. Penal Law § 240.20(2) — 2 cases
Milfort v. Prevete, 922 F. Supp. 2d 398 (E.D.N.Y 2013).
Harris v. Swaggard (W.D.N.Y. 2022).
— N.Y. Penal Law § 240.20(3) — 1 case
People v. Oden, 2026 NY Slip Op 02677 (N.Y. App. Div. 2026).
— N.Y. Penal Law § 240.20(5) — 7 cases
People v. Sheikh (Akhtar) (N.Y. App. Term. 2018).
People v. Wanass (Emad) (N.Y. App. Term. 2017).
People v. Parham (Gregory) (N.Y. App. Term. 2019).
People v. Frank (Ramon) (N.Y. App. Term. 2020).
People v. Madden (Thomas) (N.Y. App. Term. 2020).
— N.Y. Penal Law § 240.20(6) — 3 cases
City of Chicago v. Morales, 527 U.S. 41 (1999). “§ 2C:33-1(b) (West 1995); N. Y. Penal Law § 240.20(6) (McKinney 1989); N.”
People v. Oden, 2026 NY Slip Op 02677 (N.Y. App. Div. 2026).
Jarvis (N.D.N.Y. 2025).
— N.Y. Penal Law § 240.20(7) — 3 cases
Matter of Jamal S., 123 A.D.3d 429 (N.Y. App. Div. 2014).
Matter of Soffey, 2022 NY Slip Op 05090 (N.Y. App. Div. 2022).
People v. Reynoso (Steven), 69 Misc. 3d 129(A) (N.Y. App. Term. 2020).
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