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CITED LAW TEXTS


NEW YORK STATE VEHICLE AND TRAFFIC LAW PROHIBITING THE USE OF RADIOS CAPABLE OF RECEIVING POLICE FREQUENCIES IN MOTOR VEHICLES


397. EQUIPPING MOTOR VEHICLES WITH RADIO RECEIVING SETS CAPABLE OF RECEIVING SIGNALS ON THE FREQUENCIES ALLOCATED FOR POLICE USE.
A person, not a police officer or peace officer, acting pursuant to his special duties, who equips a motor vehicle with a radio receiving set capable of receiving signals on the frequencies allocated for police use or knowingly uses a motor vehicle so equipped or who in any way knowingly interferes with the transmission of radio messages by the police without having first secured a permit to do so from the person authorized to issue such a permit by the local governing body or board of the city, town or village in which such person resides, or where such person resides outside of a city, or village in a county having a county police department by the board of supervisors of such county, is guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars, or imprisonment not exceeding six months, or both. Nothing in this section contained shall be construed to apply to any person who holds a valid amateur radio operator's license issued by the federal communications commission and who operates a duly licensed portable mobile transmitter and in connection therewith a receiver or receiving set on frequencies exclusively allocated by the federal communications commission to duly licensed radio amateurs.


NEW YORK STATE PENAL LAW PROHIBITING THE USE OF RADIO DEVICES IN THE COMMISSION OF CERTAIN CRIMES


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 possess 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.


FEDERAL LAW
PROHIBITS MALICIOUS INTERFERENCE ON ANY FREQUENCY


[CITE: 47USC333] TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 5--WIRE OR RADIO COMMUNICATION SUBCHAPTER III--SPECIAL PROVISIONS RELATING TO RADIO Part I--General Provisions

Sec. 333. Willful or malicious interference No person shall willfully or maliciously interfere with or cause interference to any radio communications of any station licensed or authorized by or under this chapter or operated by the United States Government.

(June 19, 1934, ch. 652, title III, Sec. 333, as added Sept. 28, 1990, Pub. L. 101-396, Sec. 9, 104 Stat. 850.)


NEW YORK STATE PENAL LAW PROHIBITING INTENTIONAL INTERFERENCE TO TELECOMMUNICATIONS SYSTEMS


195.05 Obstructing governmental administration in the second degree.
A person is guilty of obstructing governmental administration when he intentionally obstructs, impairs or perverts the administration of law or other governmental function or prevents or attempts to prevent a public servant from performing an official function, by means of intimidation, physical force or interference, or by means of any independently unlawful act, or by means of interfering, whether or not physical force is involved, with radio, telephone, television or other telecommunications systems owned or operated by the state, or a county, city, town, village, fire district or emergency medical service or by means of releasing a dangerous animal under circumstances evincing the actor's intent that the animal obstruct governmental administration.
Obstructing governmental administration is a class A misdemeanor.

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