What's happening
This bill creates new crimes for possessing unauthorized recordings with intent to sell or rent, classifying them as misdemeanors or felonies.
Why it matters
Targets the commercial distribution of pirated media. By criminalizing possession with intent to sell or rent unauthorized recordings, the law specifically addresses those who profit from piracy, not just casual users.
Establishes a tiered approach to punishment. The bill distinguishes between smaller and larger-scale offenses—possession of more than ten illicit recordings (first degree) is treated as a felony, while lesser amounts (second degree) are misdemeanors, reflecting the seriousness based on volume.
Expands prosecutorial tools for law enforcement. Law enforcement and prosecutors will have clearer authority to charge individuals involved in the unauthorized distribution chain, potentially making anti-piracy enforcement more effective.
Aims to protect content creators and the entertainment industry. By increasing legal risks for those trafficking in pirated recordings, the bill seeks to deter piracy and safeguard the interests and revenues of artists, producers, and copyright holders.
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Who cares
Headline styles
Outlaw Unauthorized Recording Possession
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
3 Multi-sponsors
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6940
2017-2018 Regular Sessions
IN ASSEMBLY
March 24, 2017
Introduced by M. of A. TITONE, JAFFEE, COOK, M. G. MILLER -- Multi-Sponsored by -- M. of A. FINCH, HOOPER, MOYA, THIELE -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to establishing the crimes of possession of an unauthorized recording in the first and second degrees
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The penal law is amended by adding two new sections 275.41 and 275.42 to read as follows: § 275.41 Possession of an unauthorized recording in the second degree.
A person is guilty of possession of an unauthorized recording in the second degree when the person possesses a recording knowing it to have been recorded in violation of section 275.32 of this article, with the intent to offer such recording for sale or rental.
Possession of an unauthorized recording in the second degree is a class A misdemeanor. § 275.42 Possession of an unauthorized recording in the first degree.
A person is guilty of possession of an unauthorized recording in the first degree when the person possesses more than ten recordings knowing them to have been recorded in violation of section 275.32 of this article, with the intent to offer such recordings for sale or rental.
Possession of an unauthorized recording in the first degree is a class E felony.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09212-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.