New York criminal charge
Unlawful possession of radio devices in New York
Unlawful possession of radio devices is a Class B Misdemeanor under New York criminal law, defined by N.Y. Penal Law § 140.40. As a Class B Misdemeanor, 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 § 140.40.
What is the penalty for unlawful possession of radio devices in New York?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 3 months (definite sentence (PEN 70.15(2)); probation of 1 year available instead (PEN 65.00(3))) | discretionary | N.Y. Penal Law § 70.15 |
| Fine | up to $500 (or up to double the defendant's gain from the crime (PEN 80.05(5))) | discretionary | N.Y. Penal Law § 70.15 |
Applies to current.
Common questions about unlawful possession of radio devices in New York
What class of misdemeanor is unlawful possession of radio devices in New York?
Unlawful possession of radio devices is a Class B Misdemeanor in New York under N.Y. Penal Law § 140.40.
What are the penalties for unlawful possession of radio devices in New York?
As a Class B Misdemeanor, unlawful possession of radio devices carries up to 3 months (the maximum authorized for the class) of incarceration and a fine of up to $500 (the maximum authorized for the class) under N.Y. Penal Law § 70.15 (current).
Which New York statute covers unlawful possession of radio devices?
Unlawful possession of radio devices is governed by N.Y. Penal Law § 140.40 (Unlawful possession of radio devices).
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.