Class A | Class B 

A misdemeanor, a criminal offense that is less serious than a felony and more serious than an infraction, is generally punishable by a fine or incarceration in a local jail, or both. There are typically 3 types of misdemeanors: high or gross misdemeanors, ordinary misdemeanors, and petty misdemeanors. Petty misdemeanors usually incur a jail sentence of less than six months. The types of punishment ruled for gross misdemeanors is greater than that of an ordinary misdemeanor and less than that for felonies.

New York State Class A Misdemeanor Offenses:

    • Criminal solicitation in the fourth degree 100.05
    • Conspiracy in the fifth degree 105.05
    • Criminal facilitation in the fourth degree 115.00
    • Assault in the third degree 120.00
    • Menacing in the second degree 120.14
    • Hazing in the first degree 120.16
    • Reckless endangerment in the second degree 120.20
    • Stalking in the third degree 120.50
    • Criminal obstruction of breathing or blood circulation 121.11
    • Self-abortion in the first degree 125.55
    • Sexual misconduct 130.20
    • Forcible touching 130.52
    • Sexual abuse in the second degree 130.60
    • Unlawful imprisonment in the second degree 135.05
    • Custodial interference in the second degree 135.45
    • Coercion in the second degree 135.60
    • Criminal trespass in the second degree 140.15
    • Possession of burglar’s tools 140.35
    • Criminal mischief in the fourth degree 145.00
    • Criminal tampering in the second degree 145.15
    • Cemetery desecration in the second degree 145.22
    • Tampering with a consumer product in the second degree 145.40
    • Making graffiti 145.60
    • Criminal possession of a taximeter accelerating device 145.70
    • Arson in the fifth degree 150.01
    • Petit larceny 155.25
    • Unauthorized use of a computer 156.05
    • Computer tampering in the fourth degree 156.20
    • Welfare fraud in the fifth degree 158.05
    • Criminal use of a public benefit card in the second degree 158.30
    • Misapplication of property 165.00
    • Unauthorized use of a vehicle in the third degree 165.05
    • Auto stripping in the third degree 165.09
    • Theft of services 165.15
    • Unlawful use of credit card, debit card or public benefit card 165.17
    • Fraudulently obtaining a signature 165.20
    • Jostling 165.25
    • Fraudulent accosting 165.30
    • Criminal possession of stolen property in the fifth degree 165.40
    • Trademark counterfeiting in the third degree 165.71
    • Forgery in the third degree 170.05
    • Criminal possession of a forged instrument in the third degree 170.20
    • Criminal simulation 170.45
    • Falsifying business records in the second degree 175.05
    • Tampering with public records in the second degree 175.20
    • Offering a false instrument for filing in the second degree 175.30
    • Issuing a false financial statement 175.45
    • Insurance fraud in the fifth degree 176.10
    • Life settlement fraud in the fifth degree 176.45
    • Health care fraud in the fifth degree 177.05
    • Fraud and deceit related to controlled substances. 178.26
    • Criminal retention of medical marihuana 179.15
    • Commercial bribing in the second degree 180.00
    • Commercial bribe receiving in the second degree 180.05
    • Tampering with a sports contest in the second degree 180.50
    • Rent gouging in the second degree 180.56
    • Fraud in insolvency 185.00
    • Fraud involving a security interest 185.05
    • Fraudulent disposition of mortgaged property 185.10
    • Fraudulent disposition of property subject to a conditional sale contract 185.15
    • Residential mortgage fraud in the fifth degree 187.05
    • False advertising 190.20
    • Criminal impersonation in the second degree 190.25
    • Criminal sale of a police uniform 190.27
    • Possession of usurious loan records 190.45
    • Making a false statement of credit terms 190.55
    • Scheme to defraud in the second degree 190.60
    • Scheme to defraud the state by unlawfully selling prescriptions 190.70
    • Unauthorized radio transmission 190.72
    • Criminal use of an access device in the second degree 190.75
    • Identity theft in the third degree 190.78
    • Unlawful possession of personal identification information in the third degree 190.81
    • Unlawful possession of a skimmer device in the second degree 190.85
    • Immigrant assistance services fraud in the second degree 190.87
    • Official misconduct 195.00
    • Obstructing governmental administration in the second degree 195.05
    • Killing or injuring a police animal 195.06
    • Harming an animal trained to aid a person with a disability in the first degree 195.12
    • Obstructing emergency medical services 195.16
    • Giving unlawful gratuities 200.30
    • Receiving unlawful gratuities 200.35
    • Escape in the third degree 205.05
    • Absconding from a furlough program 205.18
    • Promoting prison contraband in the second degree 205.20
    • Hindering prosecution in the third degree 205.55
    • Perjury in the third degree 210.05
    • Making an apparently sworn false statement in the second degree 210.35
    • Making a punishable false written statement 210.45
    • Tampering with a witness in the fourth degree 215.10
    • Providing a juror with a gratuity 215.22
    • Tampering with a juror in the first degree 215.25
    • Misconduct by a juror in the first degree 215.30
    • Compounding a crime 215.45
    • Criminal contempt in the second degree 215.50
    • Bail jumping in the third degree 215.55
    • Criminal contempt of the legislature 215.60
    • Criminal contempt of a temporary state commission 215.65
    • Criminal contempt of the state commission on judicial conduct 215.66
    • Unlawful disposition of assets subject to forfeiture 215.80
    • Criminal possession of a controlled substance in the seventh degree 220.03
    • Criminally possessing a hypodermic instrument 220.45
    • Criminally using drug paraphernalia in the second degree 220.50
    • Criminal possession of methamphetamine manufacturing material in the second degree 220.70
    • Criminal possession of marihuana in the fourth degree 221.15
    • Criminal sale of marihuana in the fourth degree 221.40
    • Promoting gambling in the second degree 225.05
    • Possession of gambling records in the second degree 225.15
    • Possession of a gambling device 225.30
    • Gaming fraud in the second degree 225.55
    • Use of counterfeit, unapproved or unlawful wagering instruments 225.65
    • Possession of unlawful gaming property in the third degree 225.70
    • Manipulation of gaming outcomes at an authorized gaming establishment 225.90
    • Unlawful manufacture, sale, distribution, marking, altering or modification of equipment and devices associated with gaming 225.95
    • Prostitution in a school zone 230.03
    • Patronizing a prostitute in the third degree 230.04
    • Promoting prostitution in the fourth degree 230.20
    • Obscenity in the third degree 235.05
    • Riot in the second degree 240.05
    • Inciting to riot 240.08
    • Disruption, or disturbance of religious service 240.21
    • Aggravated harassment in the second degree 240.30
    • Loitering for the purpose of engaging in a prostitution offense 240.37
    • Disseminating a false registered sex offender notice 240.48
    • Falsely reporting an incident in the third degree 240.50
    • Criminal interference with health care services or religious worship in the second degree 240.70
    • Directing a laser at an aircraft in the second degree 240.76
    • Harming a service animal in the second degree 242.10
    • Public lewdness in the first degree 245.03
    • Public display of offensive sexual material 245.11
    • Possession of eavesdropping devices 250.10
    • Divulging an eavesdropping warrant 250.20
    • Dissemination of an unlawful surveillance image in the second degree 250.55
    • Unlawfully solemnizing a marriage 255.00
    • Unlawfully issuing a dissolution decree 255.05
    • Unlawfully procuring a marriage license 255.10
    • Non-support of a child in the second degree 260.05
    • Endangering the welfare of a child 260.10
    • Unlawfully dealing with a child in the first degree 260.20
    • Endangering the welfare of an incompetent or physically disabled person in the second degree 260.24
    • Misrepresentation by a child day care provider 260.31
    • Criminal possession of a weapon in the fourth degree 265.01
    • Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances. 265.10
    • Certain wounds to be reported 265.25
    • Burn injury and wounds to be reported 265.26
    • Prohibited use of weapons 265.35
    • Unlawful possession of a large capacity ammunition feeding device 265.36
    • Unlawful possession of certain ammunition feeding devices (2nd offense/not home) 265.37
    • Safe storage of rifles, shotguns, and firearms 265.45
    • Unlawfully dealing with fireworks and dangerous fireworks 270.00
    • Unlawful fleeing a police officer in a motor vehicle in the third degree 270.25

  • Manufacture of unauthorized recordings in the second degree 275.05
  • Manufacture or sale of an unauthorized recording of a performance in the second degree 275.15
  • Advertisement or sale of unauthorized recordings in the second degree 275.25
  • Unauthorized operation of a recording device in a motion picture or live theater in the second degree 275.33
  • Failure to disclose the origin of a recording in the second degree 275.35
  • Licenses to carry, possess, repair and dispose of firearms 400.00
  • Unpermitted use of indoor pyrotechnics in the second degree 405.12

 


New York State Class B Misdemeanor Offenses:

  • Conspiracy in the sixth degree 105.00
  • Menacing in the third degree 120.15
  • Stalking in the fourth degree 120.45
  • Self-abortion in the second degree 125.50
  • Issuing abortional articles 125.60
  • Sexual abuse in the third degree 130.55
  • Criminal trespass in the third degree 140.10
  • Unlawful possession of radio devices 140.40
  • Criminal tampering in the third degree 145.14
  • Reckless endangerment of property 145.25
  • Possession of graffiti instruments 145.65
  • Unlawful duplication of computer related material in the second degree 156.29
  • Unauthorized sale of certain transportation services 165.16
  • Fortune telling 165.35
  • Criminal possession of an anti-security item 170.47
  • Unlawfully using slugs in the second degree 170.55
  • Criminal diversion of medical marihuana in the second degree 179.11
  • Rent gouging in the third degree 180.55
  • Issuing a bad check 190.05
  • False personation 190.23
  • Misconduct by corporate official 190.35
  • Unlawful collection practices 190.50
  • Harming an animal trained to aid a person with a disability in the second degree 195.11
  • Refusing to aid a peace or a police officer 195.10
  • Employer unlawfully penalizing witness or victim 215.14
  • Tampering with a juror in the second degree 215.23
  • Unlawful disclosure of an indictment 215.75
  • Criminal possession of marihuana in the fifth degree 221.10
  • Criminal sale of marihuana in the fifth degree 221.35
  • Prostitution 230.00
  • Permitting prostitution 230.40
  • Unlawful assembly 240.10
  • Harassment in the first degree 240.25
  • Loitering in the first degree 240.36
  • Loitering for the purpose of engaging in a prostitution offense (previous conviction) 240.37
  • Criminal nuisance in the second degree 240.45
  • Interference, harassment or intimidation of a service animal 242.05
  • Public lewdness 245.00
  • Failure to report wiretapping 250.15
  • Tampering with private communications 250.25
  • Failing to report criminal communications 250.35
  • Adultery 255.17
  • Unlawfully dealing with a child in the second degree 260.21
  • Unlawful possession of certain ammunition feeding devices (2nd offense/home) 265.37
  • Unlawfully dealing with fireworks and dangerous fireworks (2a,5) 270.00
  • Unlawfully possessing or selling noxious material 270.05
  • Creating a hazard 270.10
  • Unlawfully refusing to yield a party line 270.15