New York Consolidated Laws

N.Y. Penal Law § 240.61 (2026)

Placing a false bomb or hazardous substance in the second degree

✓ current as of May 2026

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§ 240.61 Placing a false bomb or hazardous substance in the second
           degree.
  A person is guilty of placing a false bomb or hazardous substance in
the second degree when he or she places, or causes to be placed, any
device or object that by its design, construction, content or
characteristics appears to be or to contain, a bomb, destructive device,
explosive or hazardous substance, but is, in fact, an inoperative
facsimile or imitation of such a bomb, destructive device, explosive or
hazardous substance and which he or she knows, intends or reasonably
believes will appear to be a bomb, destructive device, explosive or
hazardous substance under circumstances in which it is likely to cause
public alarm or inconvenience.
  Placing a false bomb or hazardous substance in the second degree is a
class E felony.

Notes of Decisions

Cited in 1 case, 2009–2009 · leading case: People v. Lettley, 64 A.D.3d 901 (N.Y. App. Div. 2009).

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People v. Lettley, 64 A.D.3d 901 (N.Y. App. Div. 2009). “Penal Law § 240.61, placing a false bomb or hazardous substance in the second degree, mirrors the language of the first degree offense, absent the requirement that the substance be placed “upon school grounds, *903 a public building, or a public place” (Penal Law § 240.”

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