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New York Penal - Article 250 - § 250.00 Eavesdropping; Definitions of Terms

Legal Research Home > New York Laws > Penal > New York Penal - Article 250 - § 250.00 Eavesdropping; Definitions of Terms


Penal 
 
  § 250.00 Eavesdropping; definitions of terms.
    The following definitions are applicable to this article:
    1.  "Wiretapping"  means the intentional overhearing or recording of a
  telephonic or telegraphic communication by a person other than a  sender
  or  receiver  thereof,  without  the  consent  of  either  the sender or
  receiver, by means of any instrument, device or  equipment.  The  normal
  operation  of a telephone or telegraph corporation and the normal use of
  the services and facilities furnished by such  corporation  pursuant  to
  its  tariffs  or  necessary  to  protect  the rights or property of said
  corporation shall not be deemed "wiretapping."
    2. "Mechanical overhearing of a conversation"  means  the  intentional
  overhearing  or  recording  of a conversation or discussion, without the
  consent of at least one party thereto, by a person not present  thereat,
  by means of any instrument, device or equipment.
    3.  "Telephonic  communication" means any aural transfer made in whole
  or in part through  the  use  of  facilities  for  the  transmission  of
  communications  by  the  aid  of  wire,  cable  or other like connection
  between the point of origin and the point of  reception  (including  the
  use  of such connection in a switching station) furnished or operated by
  any person engaged in providing or operating  such  facilities  for  the
  transmission  of  communications  and  such term includes any electronic
  storage of such communications.
    4. "Aural transfer" means a transfer containing the human voice at any
  point between and including  the  point  of  origin  and  the  point  of
  reception.
    5.  "Electronic  communication"  means any transfer of signs, signals,
  writing, images, sounds, data, or intelligence of any nature transmitted
  in whole or in part by a wire, radio,  electromagnetic,  photoelectronic
  or photo-optical system, but does not include:
    (a) any telephonic or telegraphic communication; or
    (b) any communication made through a tone only paging device; or
    (c)  any communication made through a tracking device consisting of an
  electronic or mechanical  device  which  permits  the  tracking  of  the
  movement of a person or object; or
    (d)  any  communication  that  is disseminated by the sender through a
  method of transmission that is configured so that such communication  is
  readily accessible to the general public.
    6.  "Intercepting  or  accessing  of  an electronic communication" and
  "intentionally intercepted or accessed" mean the intentional  acquiring,
  receiving,  collecting,  overhearing,  or  recording  of  an  electronic
  communication, without the consent of the sender  or  intended  receiver
  thereof,  by  means  of any instrument, device or equipment, except when
  used by a telephone company in the ordinary course of  its  business  or
  when necessary to protect the rights or property of such company.
    7. "Electronic communication service" means any service which provides
  to  users  thereof  the  ability  to  send or receive wire or electronic
  communications.
    8. "Unlawfully" means not specifically authorized pursuant to  article
  seven  hundred  or  seven hundred five of the criminal procedure law for
  the purposes of  this  section  and  sections  250.05,  250.10,  250.15,
  250.20, 250.25, 250.30 and 250.35 of this article.
Section:  Previous  Article 250  250.00  250.05  250.10  250.15  250.20  250.25  250.30  250.35  250.40  250.45  250.50  250.55  250.60  250.65  Next

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Last modified: February 16, 2014