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?
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@jesse_b looks like an answer to me.– TylerDurdenCommented Oct 23, 2023 at 13:32
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1@jesse_b And also the idea has been floated that subways(mass transit)are similar to sidewalks, one just uses them without a fare.– pauljCommented Oct 23, 2023 at 15:11
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3In New York, "tube" generally refers to television, and "bunk" is not a transitive verb. So the answer to your question is that there is no legal status of this act because it does not exist.– phoogCommented Oct 23, 2023 at 18:55
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2@paulj that idea does not prevail in New York, nor will it without new legislation.– phoogCommented Oct 23, 2023 at 18:56
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2to further what @phoog said, the New York slang for this would be "turnstile hopping/jumping"– EstherCommented Oct 23, 2023 at 19:01
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1 Answer
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.
answered Oct 23, 2023 at 21:54
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1If I read the first article you posted right I think manhattan started prosecuting again sometime after 2018. "Fast forward a few years, and the philosophy on turnstile jumping is quite different. Instead of choosing not to prosecute offenders, the city has actually stepped up its fight against those who choose to jump turnstiles."– jesse_bCommented Oct 24, 2023 at 11:45
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