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Bob had hoped over the ticket gate/turnstile without a ticket to ride the subway for free in NYC. Can he be forcibly apprehended in order to be issued some penalty? What consequences could he suffer?

ohwilleke
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TylerDurden
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1 Answers1

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Can he be forcibly apprehended in order to be issued some penalty?

Yes.

The charge for jumping a subway turnstile is Theft of Services, a violation of New York Penal Section 165.15, a Class A misdemeanor punishable by up to one year in jail. Take a deep breath: probably no one in recorded history has ever been sentenced to a year in jail for jumping over a subway turnstile. In fact, first time offenders are likely to receive plea bargain offers involving lesser charges like violations or ACDs (adjournments in contemplation of dismissal) with community service. However, just the arrest itself can be especially problematic for certain categories of people.

(Source)

The usual penalty is a $100 fine.

But: "In 2017 New York County (Manhattan) District Attorney Vance announced he would no longer criminally prosecute turnstile jumping, which is typically prosecuted under Penal Law 165.15 (“theft of services”)."

So, turnstile jumping in New York City is ordinarily only prosecuted criminally in Brooklyn, the Bronx, Queens, and Staten Island. But, since this is merely a matter of the DA's prosecution policy in Manhattan, it could be prosecuted criminally there as well, especially incident to other crimes, even though it is much less likely to happen there, and could provide a basis for the turnstile jumper to be arrested.

ohwilleke
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