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New York Penal Law %c2%a7 145 40 Tampering Consumer Product Second Degree

By Spodek Law Group | July 17, 2023
(Last Updated On: July 27, 2023)

Last Updated on: 27th July 2023, 04:34 pm


A Breakdown of New York’s Tampering Consumer Product Second Degree Law

We’ve all seen those viral videos of people tampering with ice cream in grocery stores. As tempting as it may be to pull pranks like that, in New York, there can be serious legal consequences. Under Penal Law § 145.40, tampering with consumer products is no laughing matter.

As a New York criminal defense attorney, I’ve handled cases under this statute. So let’s break it down in plain English so folks know what’s what.

The Basics: It’s a Class E Felony

Tampering with consumer products is charged as a Class E felony under NY law. That means up to 4 years in prison. It also stays on your criminal record if convicted. So we’re talking about a fairly serious offense here.

The statute falls under Title L – Offenses Against Private Property. So it’s mainly concerned with protecting consumers and companies.

What Counts as “Tampering”?

The legal definition of tampering is pretty broad. It covers actions that:

  • Contaminate a product
  • Interfere with the product
  • Make it appear the product was contaminated/interfered with

So tampering could involve anything from inserting foreign objects to changing expiration dates. Even just pretending to tamper with an item counts.

Intent Matters: Motive Is a Key Factor

When does a prank or curiosity cross into criminal tampering? Intent is a key element.

The law specifies the tampering must be done “knowingly and unlawfully.” So accidental actions probably won’t meet that bar.

Motive also matters. If there’s evidence you tampered with the purpose to cause public alarm, harm consumers or companies – that helps prove criminal intent.

But without such evidence, arguing it was just a foolish prank may undermine the knowingly unlawful aspects. A skilled attorney can leverage this.

It Must Involve Consumer Products

The statute only applies to tampering with tangible goods meant for consumer purchase and use. So food, household supplies, makeup, toys, electronics, cars – anything sold to the public.

Tampering with other business property may violate broader vandalism or criminal mischief laws. But it wouldn’t fall under this specific consumer protection statute.

Tainting Food or Drugs Ups the Ante to Class C Felony

Here’s where things get really serious. Under § 145.40, if the tampered product is a food, drug, or medical device, it becomes a Class C felony.

That increases the possible prison time to up to 15 years.

So tampering with medications, produce at grocery stores, or takeout orders can have severe penalties. Prosecutors tend to take a hard line on such cases.

But There Are Viable Defenses

Just because you’re charged under the statute doesn’t mean you’re doomed. Skilled criminal defense lawyers know how to fight these sorts of allegations.

One angle is going after intent, as we discussed. Lacking real proof of criminal purpose makes a conviction harder to obtain.

Questioning whether products were actually “consumable” may also work in certain cases where that’s debatable.

Procedural defenses around illegal search and seizure, Miranda rights, and insufficient evidence can also come into play.

The bottom line is there are strategic ways to counter tampering charges and reach a better outcome. An experienced attorney knows how to leverage them.

Second Degree Tampering Involves Damage or Injury

The “second degree” element of § 145.40 refers to cases where tampering causes damage or injury. Whether it’s harm to a company’s reputation or sales, or actual physical injury to a consumer, it makes the crime more serious in the eyes of the law.

The statute also notes that simply threatening public alarm or economic loss qualifies. So even if no real damage occurred yet, such threats still meet the threshold for second degree.

Penalties Often Include Restitution

Beyond imprisonment, convictions under this statute often involve restitution fines. The court may order payments to any victims – whether individuals, retailers, or manufacturers – to cover losses from tampering incidents.

For small businesses, these costs can be substantial, especially if they had to dispose of contaminated inventory or suffered reputational damage. So courts hold those convicted accountable through monetary penalties.

Bottom Line: Don’t Take These Charges Lightly

I know folks who thought tampering with random products would be harmless fun. But ending up with a felony record limited their career options, damaged relationships, and radically altered their lives.

While truly accidental cases may warrant leniency, those who rashly tamper with the public’s goods out of negligence or malice often face severe consequences. Handled poorly, it can be a lasting blight.

But working with an experienced criminal attorney provides a line of defense. We understand court procedures, prosecutors’ tactics, and how to build a strategic counter-case. And we’ve successfully resolved these sorts of charges for good people who got caught up in questionable circumstances.

So if you or someone you care about is facing accusations of product tampering, don’t go it alone. Get an objective professional assessment of the evidence, possible outcomes, and defense options. You can then make an informed choice on how to protect your future.

Reach out anytime to our firm for a free consultation. Let’s discuss your case and chart an effective path forward. This doesn’t have to define you – skilled representation makes all the difference.

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