The fine for jumping a turnstile in NYC is usually a civil penalty of $100 for a second offense and $150 for a third, with a warning issued for a first offense. The situation can turn much more serious, though: in some circumstances the same conduct is charged as Theft of Services, a Class A misdemeanor carrying up to 364 days in jail and a fine of up to $1,000.1
Which track you end up on depends on your history and the officer’s decision at the scene.
The Civil Fine Schedule
Most fare evasion stops are handled as a civil violation by the Transit Adjudication Bureau (TAB). An officer or MTA enforcement agent issues a Notice of Violation, and the matter never enters criminal court. No arrest, no criminal record.
TAB uses a graduated schedule tied to how many violations you’ve had in the previous four years:
- First offense: a warning, no fine. It still counts in the four-year tally.
- Second offense: $100. Pay the full amount on time and you get a $50 OMNY credit, picked up at the TAB office within 60 days of paying. Fair Fares NYC participants who received a reduced fine get a $25 credit instead.
- Third offense and beyond: $150, or a criminal summons.
When It Becomes a Criminal Charge
The criminal track is Theft of Services under New York Penal Law 165.15, a Class A misdemeanor. The statute covers anyone who obtains or tries to obtain public transportation without paying, whether through force, deception, stealth, or mechanical tampering.
Officers may skip the TAB ticket and arrest you on a Theft of Services charge if you have prior fare evasion tickets, outstanding warrants, or other legal issues at the time of the stop. A third civil offense within four years also opens the door to a criminal summons rather than another TAB fine.
The penalties on the criminal side are much heavier:
- Up to 364 days in jail.
- Up to $1,000 in fines.
- Two or three years of probation.
Most first-time offenders don’t actually see jail time for jumping a turnstile. The Manhattan District Attorney’s office has said publicly it will not seek incarceration for fare evasion cases unless there is an accompanying felony charge. A conviction still leaves a permanent criminal record, and that is where the lasting cost usually sits.
What Happens If You Ignore the Ticket
A TAB ticket left unanswered is where a $100 fine quietly turns into something much larger. Miss the hearing date printed on the ticket and TAB adds a $25 penalty. Thirty days after that, another $25 penalty stacks on. You also lose your right to contest the violation at a hearing.
Unpaid fines then accrue interest at 9% per year. TAB starts with letters and phone calls, but collection can escalate to wage garnishment, seizure of state tax refunds, court actions, and enforcement by a New York City Marshal or Sheriff.
If the deadline has already passed, you can apply to reopen the case by filing a Request to Stay Entry of Default Judgment form with TAB, showing good cause for the late response. If TAB denies it, you owe the full amount plus penalties and interest.
How to Respond to a TAB Ticket
You have two options: pay the fine or request a hearing. Payment can be made online, by phone, by mail, in person at the TAB office in Brooklyn, or through MoneyGram.
To fight the ticket, request a hearing in person, by mail, or by email. The MTA recommends the mail or email route over showing up in person. At the hearing, you present your case to an impartial Hearing Officer while under oath, and you can bring witnesses, submit evidence, and ask questions.
If you can’t pay in full, TAB offers a Time Payment Plan for anyone with at least $40 in outstanding fines. It gives you 60 days to pay and carries a $10 processing fee. You have to set up the plan before your hearing date or within 30 days after it. Once the second $25 late penalty hits, at 30 days past your hearing date, you’re no longer eligible.
The Longer-Term Cost of a Criminal Conviction
The fine and any jail exposure are only part of what a Theft of Services conviction carries. A Class A misdemeanor shows up on background checks run by employers, landlords, and licensing agencies, and that friction on jobs and apartments can last years.
Public housing is directly affected. NYCHA treats a Class A misdemeanor conviction as grounds for ineligibility for four years from the date you finish serving your sentence, not counting probation or parole. During those four years, you also can’t pick up any new convictions or pending charges.
For non-citizens, a single misdemeanor conviction can trigger immigration consequences. Certain convictions make a person inadmissible or deportable under federal immigration law, and two misdemeanor convictions can disqualify someone from Temporary Protected Status entirely. Even a minor conviction can complicate visa renewals, green card applications, or re-entry after traveling abroad.
Sealing helps only in part. If the case is dismissed or you’re acquitted, the record is sealed automatically under CPL 160.50. If you’re convicted, sealing under CPL 160.59 requires a 10-year wait from the date your sentence was imposed, or from your release date if you served jail time, and the court weighs your criminal history and the circumstances before granting it. Time incarcerated doesn’t count toward the 10 years.