N.Y. Penal Law § 240.45 : Offenses Against Public Order, Public Sensibilities And The Right To Privacy — Penal — Offenses Against Public Order — Criminal nuisance in the second degree Date: 10 Jun 2016 TEXT PDF Current through 2016 New York Laws, Chapters 1 to 237 A person is guilty of criminal nuisance in the second degree when: 1. By conduct either unlawful in itself or unreasonable under all the circumstances, he knowingly or recklessly creates or maintains a condition which endangers the safety or health of a considerable number of persons; or 2. He knowingly conducts or maintains any premises, place or resort where persons gather for purposes of engaging in unlawful conduct. Criminal nuisance in the second degree is a class B misdemeanor. N.Y. Penal Law § 240.45