New York Consolidated Laws

N.Y. Penal Law § 275.40 (2026)

Failure to disclose the origin of a recording in the first degree

✓ current as of May 2026

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§ 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.

Notes of Decisions

Cited in 1 case, 2005–2005 · leading case: People v. Colon, 8 Misc. 3d 569 (N.Y. Sup. Ct. 2005).

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People v. Colon, 8 Misc. 3d 569 (N.Y. Sup. Ct. 2005). “*570 Norma Colon was indicted for the crime of failure to disclose the origin of a recording in the first degree, a class E felony, under Penal Law § 275.40. Following a trial by jury, she was convicted on January 19, 2005 of the lesser included crime of failure to disclose the…”

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