Penal Law § 140.40 · Article 140. Burglary and Related Offenses
Unlawful possession of radio devices
Text — Law content up to date as of October 23, 2026, as published by the New York State Senate (Open Legislation)
§ 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.
Source of truth
- Edition
- Law content up to date as of October 23, 2026, as published by the New York State Senate (Open Legislation)
- Official file
- https://legislation.nysenate.gov/pdf/laws/PEN140.40
- Text hash
- sha256 46c8d468bfb4bba49a1834a5fe9d28d3368e7cb01cfa61d8b9e57695a88bd746
- Composed by
- gen_ny_statutes.py 2026-11-10: the Senate's Open Legislation law tree (GET /api/3/laws/<ID>?full=true) read in document order; the Senate's PDF of the whole law (GET /pdf/laws/<ID>?full=true), read with PDFium, prints the same words in the same order
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.