§ 240.35 Loitering.\n A person is guilty of loitering when he:\n 2. Loiters or remains in a public place for the purpose of gambling\nwith cards, dice or other gambling paraphernalia; or\n 5. Loiters or remains in or about school grounds, a college or\nuniversity building or grounds or a children's overnight camp as defined\nin section one thousand three hundred ninety-two of the public health\nlaw or a summer day camp as defined in section one thousand three\nhundred ninety-two of the public health law, or loiters, remains in or\nenters a school bus as defined in section one hundred forty-two of the\nvehicle and traffic law, not having any reason or relationship involving\ncustody of or responsibility for a pupil or student, or any other\nspecific, legitimate reason for being there, and not having written\npermission from anyone authorized to grant the same or loiters or\nremains in or about such children's overnight camp or summer day camp in\nviolation of conspicuously posted rules or regulations governing entry\nand use thereof; or\n 6. Loiters or remains in any transportation facility, unless\nspecifically authorized to do so, for the purpose of soliciting or\nengaging in any business, trade or commercial transactions involving the\nsale of merchandise or services, or for the purpose of entertaining\npersons by singing, dancing or playing any musical instrument; or\n Loitering is a violation.\n
N.Y. Penal Law § 240.35
Loitering
Applied in 3 court decisions — leading case 303 Creative LLC v. Elenis (2023)
Most recently applied in 303 Creative LLC v. Elenis (June 2023)
2020-06-19
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.