Legislation

Search OpenLegislation Statutes
This entry was published on 2021-06-18
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 25.35
Criminal penalties
Arts and Cultural Affairs (ACA) CHAPTER 11-C, TITLE G, ARTICLE 25
* § 25.35. Criminal penalties. 1. (a) Any person, firm, corporation or
other entity, whether or not domiciled, licensed or registered within
the state, which is convicted of violating section 25.27 or 25.29 of
this article shall be guilty of a class A misdemeanor punishable by a
fine not to exceed one thousand dollars or two times the amount of the
defendant's gain, to be determined pursuant to the procedures set forth
in section 400.30 of the criminal procedure law, whichever is greater,
or by a term of imprisonment not to exceed one year, or by both such
fine and imprisonment.

(b) Any person, firm, corporation or other entity, whether or not
domiciled, licensed, or registered within the state, which is convicted
of violating section 25.27 or 25.29 of this article, when the value of
the commission, gratuity, bonus, premium or price unlawfully paid or
accepted exceeds one thousand dollars for an event as defined in section
23.03 of this chapter, whether or not such payment is for tickets to a
single performance of that event, shall be guilty of a class E felony,
punishable by a term of imprisonment in accordance with the penal law,
or by a fine of five thousand dollars or two times the amount of the
defendant's gain, to be determined pursuant to the procedures set forth
in section 400.30 of the criminal procedure law, whichever is greater,
or by both such fine and imprisonment.

2. Any person, firm or corporation which is convicted of violating
subdivision two of section 25.09 of this article shall be guilty of a
misdemeanor punishable by a term of imprisonment not to exceed one year
or by a fine not to exceed seven hundred fifty dollars on the first
conviction; one thousand five hundred dollars on the second conviction;
and two thousand dollars, on each subsequent conviction or by both such
fine and imprisonment.

3. Any person, firm or corporation which is convicted of knowingly
violating subdivision one of section 25.07 or section 25.13 or section
25.15 of this article shall be guilty of a misdemeanor punishable by a
term of imprisonment not to exceed one hundred eighty days or by a fine
not to exceed five hundred dollars on the first conviction; one thousand
dollars on the second conviction; and two thousand dollars on each
subsequent conviction or by both such fine and imprisonment.

4. Notwithstanding any other penalty which may be imposed for any
other violation of this article, any person, firm or corporation which
is convicted of violating section 25.11 of this article shall be guilty
of a violation punishable by a fine not to exceed two hundred dollars on
the first conviction; five hundred dollars on the second conviction; and
one thousand dollars on each subsequent conviction.

5. Any person, firm or corporation which is convicted of violating
subdivision one of section 25.09 of this article shall be guilty of a
violation punishable by a fine not to exceed five hundred dollars.

6. Any person, firm or corporation which is convicted of violating any
other section of this article shall be guilty of a violation punishable
by a fine not to exceed two hundred fifty dollars.

7. Notwithstanding any other provision to the contrary, when the fines
included in this section are imposed on a firm, corporation or other
entity that is not a single person, such fines may be imposed at up to
two times the amount otherwise allowed, or, where applicable, three
times the amount of the defendant's gain.

* NB Repealed July 1, 2022