Loitering in New York – What You Need to Know

The Law (New York Penal Law § 240.35):
In New York, it is unlawful to loiter in certain public places under specific circumstances, such as trying to gamble, beg, use drugs, or remain in a school building without permission.

1. What the Law Says

Loitering means hanging around in a public place without a clear reason, especially when doing so in a way the law specifically prohibits. Examples include:

• Staying in a school building without a good reason or permission
• Hanging around with the intent to gamble or use drugs
• Begging in a way that disturbs others

The law doesn’t punish ordinary standing or walking—it targets loitering tied to certain activities.

2. Penalties if Convicted

Loitering in New York is usually treated as a violation. This is less serious than a misdemeanor or felony but can still lead to:

• Up to 15 days in jail
• A fine of up to $250
• A criminal record of the violation

While not as severe as higher-level crimes, even a violation can cause problems with employment, housing, or immigration status.

3. What the State Must Prove

To convict someone of loitering, the prosecutor has to show that:

1. The person was in a public place.
2. They were there without a clear or lawful reason.
3. They intended to engage in one of the prohibited activities (gambling, drugs, begging, unauthorized presence in a school, etc.).

If the prosecution cannot prove all three, the charge may not hold up in court.