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New York statute

N.Y. Penal Law § 240.35 — Loitering

Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)

Part of Article 240: Offenses Against Public Order, New York Penal Law.

Criminal charges under this statute

Full text of N.Y. Penal Law § 240.35

Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.

N.Y. Penal Law § 240.35Primary source, current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
240.35 Loitering. A person is guilty of loitering when he: 2. Loiters or remains in a public place for the purpose of gambling with cards, dice or other gambling paraphernalia; or 5. Loiters or remains in or about school grounds, a college or university building or grounds or a children's overnight camp as defined in section one thousand three hundred ninety-two of the public health law or a summer day camp as defined in section one thousand three hundred ninety-two of the public health law, or loiters, remains in or enters a school bus as defined in section one hundred forty-two of the vehicle and traffic law, not having any reason or relationship involving custody of or responsibility for a pupil or student, or any other specific, legitimate reason for being there, and not having written permission from anyone authorized to grant the same or loiters or remains in or about such children's overnight camp or summer day camp in violation of conspicuously posted rules or regulations governing entry and use thereof; or 6. Loiters or remains in any transportation facility, unless specifically authorized to do so, for the purpose of soliciting or engaging in any business, trade or commercial transactions involving the sale of merchandise or services, or for the purpose of entertaining persons by singing, dancing or playing any musical instrument; or Loitering is a violation.

Official sources

Legal terms used in this section

Questions this section answers

Is loitering a crime in New York?

Loitering is a violation in New York, and a violation is not a crime under New York Penal Law § 10.00(6) — a conviction is a noncriminal disposition, not a criminal conviction. Loitering is governed by N.Y. Penal Law § 240.35.

Which New York statute covers loitering?

Loitering is governed by N.Y. Penal Law § 240.35 (Loitering).

This reference is informational and is not legal advice.