New York Penal Law § 195.05 defines the offense of obstructing governmental administration in the second degree. This law criminalizes any behavior that interferes with the official duties of a government employee or officer, with the intent to obstruct or impair their ability to perform their duties.
To be found guilty of obstructing governmental administration in the second degree, a person must have acted with the intent to prevent or obstruct a public servant from performing their lawful duties. Additionally, the person's behavior must have been more than a mere annoyance or inconvenience; it must have been serious enough to impede the public servant's ability to perform their duties
Examples of conduct that could lead to a charge under this statute include intentionally providing false information to a government official, physically blocking a government official from accessing a building or location, or interfering with an official's investigation. This statute also covers actions that may be perceived as indirect attempts to obstruct government administration, such as threatening or intimidating a public servant.
It is important to note that a person can be charged with obstructing governmental administration in the second degree even if the government employee or officer was not actually obstructed in the performance of their duties. The law only requires that the person intended to obstruct or impair the official's duties.
ExamplesPeople v. Powell, 61 A.D.3d 903 (3d Dep't 2009). In this case, the defendant was convicted of obstructing governmental administration in the second degree after he interfered with police officers who were attempting to make an arrest. The defendant was riding in a car with another person who was wanted on an outstanding warrant, and when the police attempted to pull the car over, the defendant refused to comply and engaged in a high-speed chase. The defendant was ultimately apprehended and charged with several offenses, including obstructing governmental administration in the second degree. The court affirmed the defendant's conviction, holding that his actions constituted a knowing and intentional interference with the officers' lawful duties.
People v. Washington, 38 A.D.3d 465 (1st Dep't 2007). In this case, the defendant was convicted of obstructing governmental administration in the second degree after he fled from police officers who were attempting to question him about a shooting that had just occurred. The defendant ran away from the officers and entered a building, where he was apprehended after a brief struggle. The court upheld the defendant's conviction, holding that his actions constituted an intentional interference with the officers' lawful duties.
People v. Hawkins, 152 A.D.3d 498 (1st Dep't 2017). In this case, the defendant was convicted of obstructing governmental administration in the second degree after he interfered with police officers who were attempting to make an arrest. The defendant was a passenger in a car that was stopped by police, and when the officers discovered that the driver had a suspended license, they attempted to place him under arrest. The defendant then exited the car and attempted to physically prevent the officers from arresting the driver. The court upheld the defendant's conviction, holding that his actions constituted a deliberate and intentional interference with the officers' lawful duties.
Related OffensesObstructing governmental administration in the second degree is a class A misdemeanor under New York Penal Law section 195.05. If convicted, the sentence for this offense can include up to 1 year in jail, probation, fines, and community service.
Obstructing Governmental Administration in the Second Degree: New York Penal Law Section 195.05A person is guilty of obstructing governmental administration when he intentionally obstructs, impairs or perverts the administration of law or other governmental function or prevents or attempts to prevent a public servant from performing an official function, by means of intimidation, physical force or interference, or by means of any independently unlawful act, or by means of interfering, whether or not physical force is involved, with radio, telephone, television or other telecommunications systems owned or operated by the state, or a county, city, town, village, fire district or emergency medical service or by means of releasing a dangerous animal under circumstances evincing the actor`s intent that the animal obstruct governmental administration. Obstructing governmental administration is a class A misdemeanor.
Contact Stephen Bilkis & AssociatesNew York Penal Law § 195.05 criminalizes behavior that impedes the lawful duties of a government employee or officer with the intent to obstruct or impair their duties. If you are facing charges under this statute, contact Stephen Bilkis & Associates at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Manhattan, Nassau County, Queens, Bronx, Brooklyn, Long Island, Staten Island, Suffolk County, and Westchester County.