New York Consolidated Laws

N.Y. Penal Law § 240.62 (2026)

Placing a false bomb or hazardous substance in the first degree

✓ current as of May 2026

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§ 240.62 Placing a false bomb or hazardous substance in the first
           degree.
  A person is guilty of placing a false bomb or hazardous substance in
the first degree when he or she places, or causes to be placed, in or
upon school grounds, a public building, or a public place 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. For purposes of this section the term "public
building" shall have the meaning set forth in section four hundred one
of the executive law.
  Placing a false bomb or hazardous substance in the first degree is a
class D felony.

Notes of Decisions

Cited in 2 cases, 2009–2012 · leading case: People v. Jackson, 967 N.E.2d 1160 (NY 2012).

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People v. Jackson, 967 N.E.2d 1160 (NY 2012). “For example, under Penal Law § 240.62, entitled “[p]lacing a false bomb or hazardous substance in the first degree,” it is a class D felony to position in a “public place any device or object that by its design, construction, content or characteristics appears to be .”

People v. Lettley, 64 A.D.3d 901 (N.Y. App. Div. 2009). · cites it 2× “hazardous substance under circumstances in which it is likely to cause public alarm or inconvenience” (Penal Law § 240.62). For the purposes of the statute, the term “[p]ublic building” is further defined by Executive Law § 401 (2), and refers to “all buildings including grounds…”

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