New York statute
N.Y. Penal Law § 140.40 — Unlawful possession of radio devices
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 140: Burglary and Related Offenses, New York Penal Law.
Criminal charges under this statute
Full text of N.Y. Penal Law § 140.40
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
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 sources
Legal terms used in this section
This reference is informational and is not legal advice.