New York Penal Law § 190.72: Unauthorized Radio Transmission

New York Penal Law § 190.72 defines unauthorized radio transmission as a crime committed when a person, without authorization, intentionally causes a radio transmission in a frequency that is assigned to a licensed radio station or service. This law is designed to protect licensed radio stations and services from interference by unauthorized transmissions. The law recognizes that interference can disrupt communication, cause harm to emergency services, and interfere with public safety.

The law also recognizes that unauthorized radio transmission can take many forms, including pirate radio broadcasting, jamming of licensed radio transmissions, and other forms of interference. The law is designed to protect the integrity of licensed radio services and to hold perpetrators accountable for their actions.

People v. Meneses, 99 A.D.3d 984 (2d Dep't 2012). In this case, the defendant was charged with unauthorized radio transmission after he used a police scanner to monitor police communications and then used that information to evade law enforcement during a car chase. The defendant argued that the statute violated his First Amendment rights to free speech and to receive information. However, the court found that the statute only prohibited the unauthorized interception of radio transmissions, not the dissemination of the information obtained from those transmissions. The court ultimately upheld the constitutionality of the statute and affirmed the defendant's conviction for unauthorized radio transmission. This case serves as an example of how the unauthorized interception of radio transmissions, even for seemingly innocent purposes, can result in criminal charges and penalties under New York law.

People v. Figueroa, 25 Misc. 3d 967 (Crim. Ct. 2009). In this case, the defendant was charged with unauthorized radio transmission under New York Penal Law § 190.72 for operating a radio station without a license. The defendant argued that the law was unconstitutional as it violated his First Amendment rights, but the court rejected this argument and found the defendant guilty of the charge. The court held that the statute was a reasonable restriction on speech, and that the defendant's conduct did not constitute protected speech.

1. Criminal use of an access device in the second degree: New York Penal Law section 190.75
2. Criminal use of an access device in the second degree: New York Penal Law section 190.76

Unauthorized radio transmission is a Class A misdemeanor, which is the most serious type of misdemeanor offense in New York. It is punishable by up to one year in jail, a fine of up to $1,000, or both.

A person is guilty of an unauthorized radio transmission when such person knowingly makes or causes to be made a radio transmission in this state, on a radio frequency assigned and licensed by the federal communications commission for use by amplitude modulation (AM) radio stations between the frequencies of five hundred thirty kilohertz (kHz) to seventeen 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. Unauthorized radio transmission is a class A misdemeanor.

If you or a loved one has been charged with unauthorized radio transmission under New York Penal Law § 190.72, contact a knowledgeable criminal attorney serving New York. Even though it is a misdemeanor, this offense carries serious penalties, including imprisonment and fines, and can have long-term consequences on your personal and professional life. At Stephen Bilkis & Associates we understand the complexity of these charges and the importance of protecting our clients' rights. With our experience and dedication to achieving the best possible outcomes for our clients, we are prepared to build a strong defense strategy and fight tirelessly on your behalf. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Nassau County, Queens, Bronx, Brooklyn, Long Island, Manhattan, Staten Island, Suffolk County, and Westchester County.