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Senate Bill S3490

2013-2014 Legislative Session

Amends the crime of unauthorized radio transmission to be a class D felony

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2013-S3490 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง190.72, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S6783
2011-2012: S2737

2013-S3490 (ACTIVE) - Summary

Amends the crime of unauthorized radio transmission to include those who broadcast radio transmissions without obtaining a license to do so from the FCC; makes it a class D felony punishable by imprisonment and a fine.

2013-S3490 (ACTIVE) - Sponsor Memo

2013-S3490 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3490

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 4, 2013
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN  ACT  to  amend the penal law, in relation to the prohibition against
  unauthorized radio transmissions

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 190.72 of the penal law, as added by chapter 361 of
the laws of 2011, is amended to read as follows:
S 190.72 Unauthorized radio transmission.
  A  person  is  guilty  of an unauthorized radio transmission when such
person:
  1. knowingly makes or causes to be made a radio transmission  in  this
state,  on a radio frequency assigned and licensed by the federal commu-
nications commission for use by amplitude modulation (AM) radio stations
between the frequencies of five hundred thirty kilohertz (kHz) to seven-
teen  hundred  kilohertz  (kHz),  or  frequency  modulation  (FM)  radio
stations  between the frequencies of eighty-eight megahertz (MHz) to one
hundred eight megahertz (MHz), without  authorization  or  having  first
obtained  a  license  from the federal communications commission or duly
authorized federal agency, in violation of federal law; OR
  2. ACTS, WHETHER DIRECTLY OR  INDIRECTLY,  TO  CAUSE  AN  UNAUTHORIZED
RADIO  TRANSMISSION  TO,  OR  INTERFERENCE  WITH, A PUBLIC OR COMMERCIAL
RADIO STATION LICENSED BY THE FEDERAL COMMUNICATIONS  COMMISSION  OR  TO
ENABLE THE RADIO TRANSMISSION OR INTERFERENCE TO OCCUR.
  Unauthorized radio transmission is a class [A misdemeanor] D FELONY.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08509-01-3

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