⚖ Violation Reference
Fare Evasion / Theft of Services
NY Penal Law § 165.15(3) · Transit
Legal information only — not legal advice. B-Legal is not a law firm and use of this site does not create an attorney-client relationship. Consult a licensed attorney before acting.
Overview
Entering the subway or bus without paying fare. NYC decriminalized fare evasion in 2023 — most cases are now civil summons ($100). Criminal prosecution (Theft of Services, A Misdemeanor) still possible for repeat offenders or aggravated circumstances.
Fine Range
$100 (civil) or A Misdemeanor (criminal)
Surcharge
$95 criminal surcharge if prosecuted criminally
How to Contest
- For civil summons: pay online or contest at OATH
- For criminal: appear in court, request ACD for first offense
- Challenge: was turnstile malfunctioning? Was there an emergency?
Common Defenses
- Turnstile/reader malfunction
- Emergency exit only
- First offense — ACD eligible
- Civil penalty already resolved
Legal Information Only. This reference is sourced from publicly available NYC/NYS law. It is not legal advice and does not create an attorney-client relationship. Consult a licensed attorney before taking any action on a legal matter. Need representation? Find an attorney →