New York § 71-2105 Criminal liability for violations

New York Statutes

§ 71-2105 — Criminal liability for violations

New York § 71-2105

Law ENVEnvironmental Conservation

Title 21Enforcement of Article 19 and Air Pollution Emergency Rules and Regulations

Art. 71Enforcement

This text of New York § 71-2105 (Criminal liability for violations) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Environmental Conservation § 71-2105 (2026).

Text

§ 71-2105. Criminal liability for violations.\n  1. Except as provided in section 71-2113, any person who shall\nwilfully violate any of the provisions of article 19 or any code, rule\nor regulation promulgated pursuant thereto or any final determination or\norder of the commissioner made pursuant to article 19 shall be guilty of\na misdemeanor, and, upon conviction thereof, shall be punished by a\nfine, in the case of a first conviction, of not less than five hundred\ndollars nor more than eighteen thousand dollars or by imprisonment for a\nterm of not more than one year, or by both such fine and imprisonment,\nfor each separate violation. If the conviction is for an offense\ncommitted after the first conviction of such person under this\nsubdivision, such person shall be punished by a fi

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§ 71-2105. Criminal liability for violations.\n 1. Except as provided in section 71-2113, any person who shall\nwilfully violate any of the provisions of article 19 or any code, rule\nor regulation promulgated pursuant thereto or any final determination or\norder of the commissioner made pursuant to article 19 shall be guilty of\na misdemeanor, and, upon conviction thereof, shall be punished by a\nfine, in the case of a first conviction, of not less than five hundred\ndollars nor more than eighteen thousand dollars or by imprisonment for a\nterm of not more than one year, or by both such fine and imprisonment,\nfor each separate violation. If the conviction is for an offense\ncommitted after the first conviction of such person under this\nsubdivision, such person shall be punished by a fine not to exceed\ntwenty-six thousand dollars, or by imprisonment, or by both such fine\nand imprisonment. Each day on which such violation occurs shall\nconstitute a separate violation.\n 2. No prosecution under this section shall be instituted until after\nfinal disposition of an appeal or review, if any, provided by section\n19-0511.\n 3. All prosecutions under this section shall be instituted by the\ncommissioner and shall be conducted by the Attorney General in the name\nof the people of the state of New York.\n 4. In the prosecution of any criminal proceeding under this section by\nthe Attorney General and, in any proceeding before a grand jury in\nconnection therewith, the Attorney General shall exercise all the powers\nand perform all the duties which the District Attorney would otherwise\nbe authorized or required to exercise or perform, and in such a\nproceeding the District Attorney shall exercise such powers and perform\nsuch duties as are requested of him by the Attorney General.\n