Bill Text: NY S02368 | 2009-2010 | General Assembly | Introduced

New York Senate Bill 2368 (Prior Session Legislation)

Introduced

Bill Title: Establishes the crimes of possession of an unauthorized recording in the first and second degree; requires intent to send such recording.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CODES [S02368 Detail]

Download: New_York-2009-S02368-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2368
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   February 19, 2009
                                      ___________
       Introduced  by  Sen. PADAVAN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the penal law, in relation to establishing the crimes of
         possession of an  unauthorized  recording  in  the  first  and  second
         degrees
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The penal law is amended by adding two new sections  275.41
    2  and 275.42 to read as follows:
    3  S 275.41 POSSESSION OF AN UNAUTHORIZED RECORDING IN THE SECOND DEGREE.
    4    A  PERSON  IS GUILTY OF POSSESSION OF AN UNAUTHORIZED RECORDING IN THE
    5  SECOND DEGREE WHEN THE PERSON POSSESSES A RECORDING KNOWING IT  TO  HAVE
    6  BEEN  RECORDED  IN VIOLATION OF SECTION 275.32 OF THIS ARTICLE, WITH THE
    7  INTENT TO OFFER SUCH RECORDING FOR SALE OR RENTAL.
    8    POSSESSION OF AN UNAUTHORIZED RECORDING IN  THE  SECOND  DEGREE  IS  A
    9  CLASS A MISDEMEANOR.
   10  S 275.42 POSSESSION OF AN UNAUTHORIZED RECORDING IN THE FIRST DEGREE.
   11    A  PERSON  IS GUILTY OF POSSESSION OF AN UNAUTHORIZED RECORDING IN THE
   12  FIRST DEGREE WHEN THE PERSON POSSESSES MORE THAN TEN RECORDINGS  KNOWING
   13  THEM  TO HAVE BEEN RECORDED IN VIOLATION OF SECTION 275.32 OF THIS ARTI-
   14  CLE, WITH THE INTENT TO OFFER SUCH RECORDINGS FOR SALE OR RENTAL.
   15    POSSESSION OF AN UNAUTHORIZED RECORDING IN THE FIRST DEGREE IS A CLASS
   16  E FELONY.
   17    S 2. This act shall take effect on the first of November next succeed-
   18  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06874-01-9