Unlawful possession of radio devices · as in force on May 31, 2026
§ 140.40 Unlawful possession of radio devices.
As used in this section, the term "radio device" means any device capable of receiving a wireless voice transmission on any frequency allocated for police use, or any device capable of transmitting and receiving a wireless voice transmission. A person is guilty of unlawful possession of a radio device when he possesses a radio device with the intent to use that device in the commission of robbery, burglary, larceny, gambling or a violation of any provision of article two hundred twenty of the penal law.
Unlawful possession of a radio device is a class B misdemeanor.
A “radio device” receives police-frequency wireless voice transmissions or both sends and receives wireless voice transmissions. A person unlawfully possesses one by holding it with intent to use it in robbery, burglary, larceny, gambling, or an article 220 offense. ★ It is a class B misdemeanor.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.