{"jurisdiction": "us-ny", "code": "penal", "section": "140.40", "citation": "Penal Law § 140.40", "heading": "Unlawful possession of radio devices", "text": ["§ 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."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/140.40", "from_official_api": true, "plain_english": "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**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/140.40", "publisher": "Elyphived LLC"}