STATE OF NEW YORK
2023-2024 Regular Sessions
February 6, 2023
Introduced by Sen. GRIFFO -- 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 definition of wiretap-
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 250.00 of the penal law, as
2 amended by chapter 744 of the laws of 1988, is amended to read as
4 1. "Wiretapping" means the intentional overhearing or recording of a
5 telephonic or telegraphic communication by a person other than a sender
6 or receiver thereof, without the consent of [either] both the sender
7 [or] and receiver, by means of any instrument, device or equipment. The
8 normal operation of a telephone or telegraph corporation and the normal
9 use of the services and facilities furnished by such corporation pursu-
10 ant to its tariffs or necessary to protect the rights or property of
11 said corporation shall not be deemed "wiretapping."
12 § 2. This act shall take effect on the thirtieth day after it shall
13 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.