Penal Law § 275.33

Unlawful operation of a recording device in a motion picture or live theater in the second degree · as in force on May 31, 2026

§ 275.33 Unlawful operation of a recording device in a motion picture or

live theater in the second degree.

A person is guilty of unlawful operation of a recording device in a motion picture or live theater in the second degree when he or she violates section 275.32 of this article:

1. for financial profit or commercial purposes; or

2. in circumstances where the material recorded is fifteen or more minutes, or all or a substantial portion, of the motion picture or live theatrical performance; or

3. in circumstances where such person has previously been convicted within the past five years of violating section 275.32 or 275.34 of this article or this section.

Unlawful operation of a recording device in a motion picture or live theater in the second degree is a class A misdemeanor.

Official sourcehttps://www.nysenate.gov/legislation/laws/PEN/275.33

In plain English

A person commits second-degree unlawful theater recording by violating § 275.32 in any of these circumstances:

(1) Recording for financial profit or commercial purposes;
(2) Recording 15 minutes or more, or all or a substantial part, of the movie or live performance; or ★
(3) Having a conviction under § 275.32, § 275.34, or this section within the past 5 years.

It is a class A 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.

In print

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.