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New York statute

N.Y. Penal Law § 240.40 — Appearance in public under the influence of narcotics or a drug other than alcohol

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 § 240.40

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 § 240.40Primary source, current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
240.40 Appearance in public under the influence of narcotics or a drug other than alcohol. A person is guilty of appearance in public under the influence of narcotics or a drug other than alcohol when he appears in a public place under the influence of narcotics or a drug other than alcohol to the degree that he may endanger himself or other persons or property, or annoy persons in his vicinity. Appearance in public under the influence of narcotics or a drug other than alcohol is a violation.

Official sources

Legal terms used in this section

Questions this section answers

Is appearance in public under the influence of narcotics or a drug other than alcohol a crime in New York?

Appearance in public under the influence of narcotics or a drug other than alcohol 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. Appearance in public under the influence of narcotics or a drug other than alcohol is governed by N.Y. Penal Law § 240.40.

Which New York statute covers appearance in public under the influence of narcotics or a drug other than alcohol?

Appearance in public under the influence of narcotics or a drug other than alcohol is governed by N.Y. Penal Law § 240.40 (Appearance in public under the influence of narcotics or a drug other than alcohol).

This reference is informational and is not legal advice.