Penal Law § 275.40

Failure to disclose the origin of a recording in the first degree · as in force on May 31, 2026

§ 275.40 Failure to disclose the origin of a recording in the first

degree.

A person is guilty of failure to disclose the origin of a recording in the first degree when such person commits the crime of failure to disclose the origin of a recording in the second degree as defined in section 275.35 of this article and either:

1. such person has been convicted of failure to disclose the origin of a recording in the first or second degree within the past five years; or

2. commission of the crime involves at least one hundred unauthorized sound recordings or at least one hundred unauthorized audiovisual recordings.

Failure to disclose the origin of a recording in the first degree is a class E felony.

Official sourcehttps://www.nysenate.gov/legislation/laws/PEN/275.40

In plain English

A person commits first-degree failure to disclose a recording’s origin by committing the second-degree offense under § 275.35 and either:

(1) Having a first- or second-degree conviction for the same kind of offense within the past 5 years; or
(2) Involving at least 100 unauthorized sound recordings or 100 unauthorized audiovisual recordings. ★

It is a class E felony. ★

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.