New York criminal charge
Unlawful operation of a recording device in a motion picture or live theater in the third degree in New York
Unlawful operation of a recording device in a motion picture or live theater in the third degree is a Violation under New York criminal law, defined by N.Y. Penal Law § 275.32. As a Violation, it is punishable within the statutory sentencing range New York sets for that offense class. New York classifies offenses as felonies (classes A-I and A-II through E), misdemeanors (classes A and B, plus unclassified), violations, and traffic infractions — and a violation or traffic infraction is not a crime (N.Y. Penal Law § 10.00(6); N.Y. Vehicle & Traffic Law § 155). Felony sentences divide into indeterminate and determinate schemes depending on the offense (N.Y. Penal Law §§ 70.00, 70.02).
Defined by N.Y. Penal Law § 275.32.
What is the penalty for unlawful operation of a recording device in a motion picture or live theater in the third degree in New York?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 15 days (definite sentence (PEN 70.15(4)); a violation is not a crime (PEN 10.00(6)) and conviction is not a criminal conviction) | discretionary | N.Y. Penal Law § 70.15 |
| Fine | up to $250 (or up to double the defendant's gain (PEN 80.05(4), (5))) | discretionary | N.Y. Penal Law § 70.15 |
Applies to current.
Common questions about unlawful operation of a recording device in a motion picture or live theater in the third degree in New York
Is unlawful operation of a recording device in a motion picture or live theater in the third degree a crime in New York?
Unlawful operation of a recording device in a motion picture or live theater in the third degree is a violation in New York, and a violation is not a crime under New York Penal Law § 10.00(6) — a conviction is a noncriminal disposition, not a criminal conviction. Unlawful operation of a recording device in a motion picture or live theater in the third degree is governed by N.Y. Penal Law § 275.32.
What are the penalties for unlawful operation of a recording device in a motion picture or live theater in the third degree in New York?
As a Violation, unlawful operation of a recording device in a motion picture or live theater in the third degree carries up to 15 days (the maximum authorized for the class) of incarceration and a fine of up to $250 (the maximum authorized for the class) under N.Y. Penal Law § 70.15 (current).
Which New York statute covers unlawful operation of a recording device in a motion picture or live theater in the third degree?
Unlawful operation of a recording device in a motion picture or live theater in the third degree is governed by N.Y. Penal Law § 275.32 (Unlawful operation of a recording device in a motion picture or live theater in the third degree).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.