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 § 240.45 (2026)

Criminal nuisance in the second degree

✓ current as of May 2026
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§ 240.45 Criminal nuisance in the second degree.
  A person is guilty of criminal nuisance in the second degree when:
  1. By conduct either unlawful in itself or unreasonable under all the
circumstances, he knowingly or recklessly creates or maintains a
condition which endangers the safety or health of a considerable number
of persons; or
  2. He knowingly conducts or maintains any premises, place or resort
where persons gather for purposes of engaging in unlawful conduct.
  Criminal nuisance in the second degree is a class B misdemeanor.
Notes of Decisions
Cited in 37 cases (4 in the last 5 years), 1982–2025 · leading case: City of New York v. Mickalis Pawn Shop, LLC, 645 F.3d 114 (2d Cir. 2011).
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City of New York v. Mickalis Pawn Shop, LLC, 645 F.3d 114 (2d Cir. 2011). · cites it 6× “The City substituted, for the five claims in its original complaint, two claims under N.Y. Penal Law §§ 240.45 and 400.05—one each for public and statutory nuisance, respectively—and sought injunctive relief only.”
Soto v. Bushmaster Firearms Int'l, LLC, 202 A.3d 262 (Conn. 2019). · cites it 2× “The court concluded that the action should have been dismissed because the nuisance statute was a law of general applicability that had never been applied to the firearms trade and simply did not "encompass the conduct of firearms manufacturers of which the [municipal…”
City of New York v. A-1 Jewelry & Pawn, Inc., 247 F.R.D. 296 (E.D.N.Y 2007). · cites it 4× “Similarly, N.Y. Penal Law § 240.45 is not based on defendants’ allegedly tortious acts outside of New York, but rather refers to “conduct either unlawful in itself or unreasonable under all the circumstances.”
City of New York v. Beretta U.S.A. Corp., 524 F.3d 384 (2d Cir. 2008). · cites it 2× “By conduct either unlawful in itself or unreasonable under all the circumstances, he knowingly or recklessly creates or maintains a condition which endangers the safety or health of a considerable number of persons.”
People v. New York Trap Rock Corp., 442 N.E.2d 1222 (NY 1982). “*377 ISSUES I Defendant advances contentions, first, that the ordinance, “in imposing criminality without proof of any of the five elements required by Penal Law section 240.45, is unconstitutionally inconsistent with State law” 2 and, second, that “in punishing ‘noises’ that…”
People v. Rodriguez, 140 Misc. 2d 1 (N.Y. City Crim. Ct. 1988). · cites it 4× “In this particular case, the defendant is accused of violating Alcoholic Beverage Control Law § 64-b (1) (license to sell liquor on premises commonly known as a bottle club); § 100 (1) (unlicensed sale of alcoholic beverages) and Penal Law § 240.45 (criminal nuisance).…”
City of New York v. West Winds Convertibles Int'l, Inc., 16 Misc. 3d 646 (N.Y. Sup. Ct. 2007). · cites it 2× “” (Penal Law § 240.45 [2].) The Nuisance Abatement Law specifically authorizes both a temporary closing order and a temporary restraining order as requested by the City, but only after a finding “by clear and convincing evidence” that a public nuisance is being “conducted,…”
Sabater v. Lead Indus. Ass'n, 183 Misc. 2d 759 (N.Y. Sup. Ct. 2000). “Penal Law § 240.45 defines a criminal nuisance as follows: “A person is guilty of criminal nuisance in the second degree when: “1.”
In re Justa D., 280 A.D.2d 475 (N.Y. App. Div. 2001). · cites it 2× “The court acknowledged that minor traffic congestion does not rise to the level of “a condition which endangers the safety or health of a considerable number of persons,” which is an essential element of Penal Law § 240.45 (1) (see, People v Daguiar, 166 Misc 2d 123 ).”
United States v. Hooker Chemicals & Plastics Corp., 748 F. Supp. 67 (W.D.N.Y. 1990). “That statute provides in relevant part that a person is guilty of criminal nuisance in the second degree when “[b]y conduct either unlawful in itself or unreasonable under all the circumstances, he knowingly or recklessly creates or maintains a condition which endangers the…”
In re Elizabeth G., 280 A.D.2d 478 (N.Y. App. Div. 2001). “The petition was facially insufficient because it failed to allege that the respondent “knowingly or recklessly create [d] or maintain [ed] a condition which endanger [ed] the safety or health of a considerable number of persons” (Penal Law § 240.45 [1]; see, Matter of Justa D.”
Hickland v. Endee, 574 F. Supp. 770 (N.D.N.Y. 1983). “N.Y.Penal Law § 240.45 (McKinney 1980): A person is guilty of criminal nuisance when: 1.”
Show all 37 citing cases →
— N.Y. Penal Law § 240.45(1) — 1 case
United States v. Hooker Chemicals & Plastics Corp., 748 F. Supp. 67 (W.D.N.Y. 1990). “That statute provides in relevant part that a person is guilty of criminal nuisance in the second degree when “[b]y conduct either unlawful in itself or unreasonable under all the circumstances, he knowingly or recklessly creates or maintains a condition which endangers the…”
— N.Y. Penal Law § 240.45(2) — 1 case
People v. Nunez (Adalgiza) (N.Y. App. Term. 2018).
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