PL 195.05 · Article 195
Obstructing Governmental Administration
This statute provides alternative routes involving intentional obstruction of governmental functions through specified means, or damage to or removal of a device enforcing a qualifying closing or sealing order. The prosecution must prove the conduct and intent required by an applicable route beyond a reasonable doubt; the routes are not cumulative.
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PL 195.05 · Original statutory wording; excerpts must be read together with the full section.
§ 195.05 Obstructing governmental administration in the second degree. A person is guilty of obstructing governmental administration when: 1. Such person 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; or 2. With the intent to violate a closing order, order to seal, temporary closing order, or temporary order to seal issued by a governmental entity to address a public health or safety concern, such person damages or removes any padlock or other device installed for the purpose of effectuating such order. Obstructing governmental administration is a class A misdemeanor.Read the full section at the New York State SenateIn everyday language
This statute provides alternative routes involving intentional obstruction of governmental functions through specified means, or damage to or removal of a device enforcing a qualifying closing or sealing order. The prosecution must prove the conduct and intent required by an applicable route beyond a reasonable doubt; the routes are not cumulative.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- The two statutory routes and the listed means within the first route are alternatives, not cumulative requirements. The prosecution must prove all required elements of an applicable route beyond a reasonable doubt.
- Governmental-function route: the person accused intentionally obstructed, impaired, or perverted administration of law or another governmental function, or prevented or attempted to prevent a public servant from performing an official function.
- That route requires intimidation, physical force or interference, an independently unlawful act, qualifying telecommunications interference, or release of a dangerous animal under circumstances showing intent that the animal obstruct governmental administration.
- The telecommunications alternative covers interference, whether or not physical force is involved, with radio, telephone, television, or other telecommunications systems owned or operated by the state, a county, city, town, village, fire district, or emergency medical service.
- Order-enforcement route: the person accused intended to violate a closing order, sealing order, temporary closing order, or temporary sealing order issued by a governmental entity to address a public health or safety concern, and damaged or removed a padlock or other device installed to effectuate that order.
Defenses that commonly apply
- What evidence establishes intentional obstruction of a governmental function or prevention or attempted prevention of a public servant's official function through a specified means?
- If telecommunications interference or release of an animal is alleged, who owned or operated the system, or what shows the animal was dangerous and released with the specified obstructive intent?
- If a device was damaged or removed, was it installed to enforce a qualifying governmental health-or-safety order, and what shows intent to violate that order?
Penalties and collateral consequences
A Class A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to $1,000.
Common questions about your defense
Does removing a padlock automatically establish obstruction under this statute?
The order-enforcement alternative requires a device installed to effectuate a specified governmental closing or sealing order addressing a public health or safety concern. If the person accused lacked intent to violate that order, or the device did not enforce such an order, a required element would be in dispute. The prosecution must prove all elements of this or another applicable statutory route beyond a reasonable doubt.
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.
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