Failure To Disclose The Origin Of A Recording In The First Degree: NY Penal Law § 275.40

by ECL Writer
Conspiracy in the first degree

New York’s criminal code includes provisions aimed at safeguarding the intangible property of individuals, particularly by curbing acts of piracy within the state. Piracy refers to the unauthorized recording or duplication of audio or visual performances, used for commercial purposes without the owner’s consent. These laws encompass various offenses, such as the failure to credit the artist, performer, and manufacturer on recording labels.

In the legal context, a “recording” is defined as any medium capable of storing sounds and images, including records, discs, tapes, audio or video cassettes, wires, films, hard drives, flash drives, memory cards, and other similar storage devices.

Under New York Penal Law § 275.40, a person may be charged with the first-degree offense of failing to disclose the origin of a recording if they knowingly offer a recording for sale or rental without clear identification of the manufacturer or performer on the packaging. This charge applies when:

  • The individual has a prior conviction for failing to disclose the origin of a recording in the first or second degree within the past five years.
  • The offense involves a minimum of 100 unauthorized sound recordings or at least 100 unauthorized audiovisual recordings.

Sentence

If you’re found guilty of the first-degree offense of failing to disclose the origin of a recording, it is classified as a Class E felony, which can result in a potential sentence of up to four years in prison, a probation period of five years, and the imposition of fines.

Defenses

To secure a successful prosecution for a failure to disclose the origin of a recording, the prosecutor must establish that you acted with full knowledge. If the omission of the necessary information was accidental, or if you were unaware of its absence, you may have a legitimate defense against the charge.

New York Penal Law § 275.40: Failure to disclose the origin of a recording in the first degree

An individual is deemed to have committed the offense of failing to disclose the origin of a recording in the first degree when they engage in the criminal act outlined in § 275.35 of this legal code, which defines failure to disclose the origin of a recording in the second degree. This elevated charge applies if, under either of the following circumstances:

  • The individual has a prior conviction for failure to disclose the origin of a recording in the first or second degree within the preceding five years.
  • The crime involves a minimum of one hundred unauthorized sound recordings or at least one hundred unauthorized audiovisual recordings.

Related Offenses

Hiring a New York Lawyer for failure to disclose the origin of a recording in the first degree case

Hiring a New York lawyer for a first-degree case involving failure to disclose a recording’s origin is crucial. New York law requires full disclosure of evidence, and failure to do so can lead to serious consequences. An experienced attorney will navigate the complexities of the case, ensuring that all legal protocols are followed. They will scrutinize the recording’s chain of custody and origin to determine its admissibility. By safeguarding the defendant’s rights and challenging the evidence, the attorney can potentially secure a favorable outcome or negotiate a plea deal. In such high-stakes cases, a skilled lawyer becomes an invaluable advocate for justice.

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