NY Penal Law Explained: Crime Classes, Penalties and Common Offenses
Short answerIt depends on the offense. The NY Penal Law defines crimes and sorts them into violations, misdemeanors and felonies, with sentences set in Penal Law §§ 70.00, 70.15 and 80.05. Court procedure, including double jeopardy, sits in the Criminal Procedure Law instead.
Last verified: October 28, 2026 against the Penal Law, Criminal Procedure Law, Executive Law § 632-a and NYS Division of Criminal Justice Services guidance
The NY Penal Law is the part of New York’s Consolidated Laws that says what counts as a crime and how it is punished. When police charge you with assault, theft, trespass or graffiti, the charge comes from this code. Traffic rules live in the Vehicle and Traffic Law, and court steps live in the Criminal Procedure Law (CPL).
Key facts
- Violation: jail of up to 15 days, fine up to $250.
- Class B misdemeanor: up to 3 months in jail, fine up to $500.
- Class A misdemeanor: up to 364 days in jail, fine up to $1,000.
- Felony: more than a year in prison, from class E (up to 4 years) to class A-I and A-II (up to life).
- Where procedure lives: the Criminal Procedure Law, not the Penal Law.
How is the NY Penal Law organized?
The Penal Law is grouped into articles by type of conduct, and each offense is usually split into degrees. For example, Penal Law Article 145 covers property damage, Article 160 covers robbery, Article 220 covers controlled substances and Article 265 covers firearms and weapons (see New York gun laws).
A higher degree usually means a more serious version of the same act. Robbery in the second degree under Penal Law § 160.10 is a class C felony, for instance.
Our crime and courts section lists other articles on charges and court rules in the state.
What are the crime classes in New York?
New York has three levels of offense. Under Penal Law § 10.00, a violation allows no more than 15 days in jail, a misdemeanor allows more than 15 days but not more than a year, and a felony allows more than a year. A misdemeanor or felony is a crime. A violation is not.
| Level | Maximum jail or prison | Maximum fine (individual) |
|---|---|---|
| Violation | 15 days (§ 70.15) | $250 (§ 80.05) |
| Class B misdemeanor | 3 months (§ 70.15) | $500 (§ 80.05) |
| Class A misdemeanor | 364 days (§ 70.15) | $1,000 (§ 80.05) |
| Class E felony | Up to 4 years (§ 70.00) | $5,000 or double the gain (§ 80.00) |
| Class D felony | Up to 7 years | $5,000 or double the gain |
| Class C felony | Up to 15 years | $5,000 or double the gain |
| Class B felony | Up to 25 years | $5,000 or double the gain |
| Class A-I and A-II felony | Up to life | Set by the offense, see § 80.00 |
Is graffiti illegal in New York?
Yes. Making graffiti is a class A misdemeanor under Penal Law § 145.60. It applies when you etch, paint, draw on or otherwise mark someone’s property with intent to damage it and without the owner’s or operator’s permission.
Carrying the tools can be a crime too. Possession of graffiti instruments under Penal Law § 145.65 is a class B misdemeanor when you hold a tool meant to mark property you have no right to mark and intend to use it that way.
New York City note: New York City adds its own rules in Administrative Code § 10-117, which bars marking property without permission and restricts the sale and display of aerosol paint and broad-tipped markers. City and state charges can both apply.
What about public lewdness and indecent exposure?
New York has no crime named indecent exposure, but two Penal Law sections cover the conduct. Public lewdness under Penal Law § 245.00 is a class B misdemeanor and covers intentionally exposing private parts in a public place, or on private property where you can readily be seen from public view.
Exposure of a person under Penal Law § 245.01 is only a violation. It applies when you appear in a public place with private parts uncovered, and the statute excludes breastfeeding and performers in a play or similar show.
How does double jeopardy work in New York?
New York’s rule is in Criminal Procedure Law § 40.20, and it has two parts. You cannot be prosecuted twice for the same offense, and in general you cannot be tried separately for two offenses that come from the same act or criminal transaction.
The second part has exceptions. Separate trials are allowed when the offenses have substantially different elements and the acts are clearly distinguishable, when each offense has a different victim, or when one is a homicide charge after a victim dies following an earlier prosecution for the injury.
What are the shield laws and the Good Samaritan law?
The NY shield laws protect providers of legally protected health care from out-of-state legal action. The 2022 law protects in-person abortion providers who treat patients from other states, and a June 23, 2023 law (S1066) extended protection to telehealth prescribers.
Criminal Procedure Law § 570.17 also limits extradition. The governor will not honor another state’s demand over protected health activity unless that state alleges in writing that the accused was physically present there when the crime happened and then fled. See abortion law in New York for the health-care rules.
The Good Samaritan law, Penal Law § 220.78, protects a person who seeks medical help in good faith for a drug or alcohol overdose, and the person in the emergency, from prosecution for certain drug, cannabis and underage drinking offenses. It does not protect sales for gain. Cannabis possession limits are covered in is weed legal in New York.
What are Megan’s Law and the Son of Sam law?
Megan’s Law is the common name for New York’s Sex Offender Registration Act (SORA). The Division of Criminal Justice Services keeps the registry, a judge assigns each person risk level 1, 2 or 3, and the state posts an online directory of people at levels 2 and 3.
The Son of Sam law is Executive Law § 632-a. It targets money a person gets from a crime, and some funds paid to people convicted of specified crimes. Payers must notify the Office of Victim Services, which tells known victims, and victims can sue within three years of discovering the proceeds.
Frequently asked questions
What is the difference between a violation and a misdemeanor?
A violation allows no more than 15 days in jail and is not a crime. A misdemeanor allows up to a year, and in practice 364 days for a class A, so it is a crime that creates a criminal record.
What is the penalty for public lewdness in NY?
Public lewdness is a class B misdemeanor under Penal Law § 245.00, with up to 3 months in jail and a fine up to $500. Simple exposure under § 245.01 is a violation.
Can you be tried twice in New York for the same act?
Usually not. CPL § 40.20 bars a second prosecution for the same offense and, with listed exceptions, separate trials for offenses from one act or transaction. The exceptions include different victims and clearly distinct acts.
Does the Good Samaritan law cover drug dealing?
No, not for sales made for gain. Penal Law § 220.78 bars prosecution for covered possession offenses when you seek help for an overdose, and it offers only a limited affirmative defense for some sale charges.
What changed on this page
- October 28, 2026: first publication, checked against Penal Law §§ 10.00, 70.00, 70.15, 80.00, 80.05, 145.60, 145.65, 160.10, 220.78, 245.00 and 245.01, CPL §§ 40.20 and 570.17, and Executive Law § 632-a. Spotted a mistake? See our corrections page and editorial policy.
If this affects you
If you have been charged, talk to a New York-licensed criminal defense attorney before you answer questions. Your county court clerk or the New York State Unified Court System can explain court dates, and the New York State Bar Association lawyer referral service can help you find an attorney. For registry questions, contact the Division of Criminal Justice Services, and for crime victim help, the Office of Victim Services.
