{"jurisdiction": "us-ny", "code": "penal", "section": "275.40", "citation": "Penal Law § 275.40", "heading": "Failure to disclose the origin of a recording in the first degree", "text": ["§ 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_source": "https://www.nysenate.gov/legislation/laws/PEN/275.40", "from_official_api": true, "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:\n\n- **(1)** Having a first- or second-degree conviction for the same kind of offense **within the past 5 years**; or\n- **(2)** Involving **at least 100 unauthorized sound recordings or 100 unauthorized audiovisual recordings**. ★\n\nIt is a **class E felony**. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/275.40", "publisher": "Elyphived LLC"}