New York Penal Law 275.10: Manufacture of unauthorized recordings in the first degree
New York law is designed to preserve the rights of those who own intangible property. This means you cannot sell or distribute recordings that belong to someone else. Below is an outline of New York penal code 275.10, which is the manufacture of unauthorized recordings in the first degree and the punishment it carries for those convicted of this crime in New York City. If you or someone close to you is facing these kinds of charges, it may be helpful to speak with a criminal defense attorney for advice.
Definition
The legal definition of New York penal code 275.10 is the act of recording music, movies or live performances with the intention of distributing it to other people for profit. The law strictly prohibits recordings on:
Video Cassette
Wire
Film
Hard Drive
Memory Card
Flash Drive
Record
Tape
Audio
The law considers defendant’s who do the following to be guilty of this crime:
Knowingly Record A Performance Without The Owners Consent Or Knowledge
Transfer Said Recording In Order To Distribute It Or Sell It For Profit
Transport Recordings Within New York
The following elements must also exist for the person accussed to be convicted of the manufacture of unauthorized recordings in the first degree:
Recordings Were Made Before February 15, 1972
Over 1000 Recordings Were Made And Sold For Profit
The Defendant Had A Prior Conviction Of The Same Charge In The Second Degree Within The Last 5 Years
Penalties
Violation of New York penal code 275.10 is a Class E felony. Those found guilty and vonvicted of this crime may face the following penalties:
A Monetary Fine As Determined By The Court
Prison Time Of Up To 4 Years
Up To 5 Years Probation After Release From Prison
Defense
Being convicted of a Class E felony will have a negative effect on your life. Because this charge and conviction will show up on a routine background check, you may have trouble finding a job or qualifying for rental housing. For these reasons, it is best to hire an experienced criminal defense attorney to represent you in court. Some things your attorney may do to fight for your rights include:
Hire Investigators
Locate Eyewitnesses
Prove The Owner Of The Recordings Knew They Were Being Recorded
In order to win their case, state prosecutors must prove you profited from the sale of these recordings and that they were done without the knowledge of the owner or performer.
If you are facing these serious felony charges in New York City, there is help available. Contact a criminal defense attorney today to learn what defense options are available to you under the law. After reviewing all of the details surrounding the state’s case, your attorney will let you know the best way to answer the charges and defend you in court. While being accused of a crime is always frightening, having an attorney looking out for your best interests is the best way to give you peace of mind until you have your day in court.New York law is designed to preserve the rights of those who own intangible property. This means you cannot sell or distribute recordings that belong to someone else. Below is an outline of New York penal code 275.10, which is the manufacture of unauthorized recordings in the first degree and the punishment it carries for those convicted of this crime in New York City. If you or someone close to you is facing these kinds of charges, it may be helpful to speak with a criminal defense attorney for advice.
Definition
The legal definition of New York penal code 275.10 is the act of recording music, movies or live performances with the intention of distributing it to other people for profit. The law strictly prohibits recordings on:
Video Cassette
Wire
Film
Hard Drive
Memory Card
Flash Drive
Record
Tape
Audio
The law considers defendant’s who do the following to be guilty of this crime:
Knowingly Record A Performance Without The Owners Consent Or Knowledge
Transfer Said Recording In Order To Distribute It Or Sell It For Profit
Transport Recordings Within New York
The following elements must also exist for the person accussed to be convicted of the manufacture of unauthorized recordings in the first degree:
Recordings Were Made Before February 15, 1972
Over 1000 Recordings Were Made And Sold For Profit
The Defendant Had A Prior Conviction Of The Same Charge In The Second Degree Within The Last 5 Years
Penalties
Violation of New York penal code 275.10 is a Class E felony. Those found guilty and vonvicted of this crime may face the following penalties:
A Monetary Fine As Determined By The Court
Prison Time Of Up To 4 Years
Up To 5 Years Probation After Release From Prison
Defense
Being convicted of a Class E felony will have a negative effect on your life. Because this charge and conviction will show up on a routine background check, you may have trouble finding a job or qualifying for rental housing. For these reasons, it is best to hire an experienced criminal defense attorney to represent you in court. Some things your attorney may do to fight for your rights include:
Hire Investigators
Locate Eyewitnesses
Prove The Owner Of The Recordings Knew They Were Being Recorded
In order to win their case, state prosecutors must prove you profited from the sale of these recordings and that they were done without the knowledge of the owner or performer.
If you are facing these serious felony charges in New York City, there is help available. Contact a criminal defense attorney today to learn what defense options are available to you under the law. After reviewing all of the details surrounding the state’s case, your attorney will let you know the best way to answer the charges and defend you in court. While being accused of a crime is always frightening, having an attorney looking out for your best interests is the best way to give you peace of mind until you have your day in court.