What is the penalty for violating New York's eavesdropping law?

What the Law Says

New York Penal Law § 250.05 defines illegal eavesdropping and sets criminal penalties based on the nature and intent of the violation.

Under New York law, eavesdropping means intentionally overhearing or recording an oral, telephone, or electronic communication without the consent of at least one party to the conversation. It is illegal unless authorized by court order or exempted by law (e.g., law enforcement with warrant).

The severity of the penalty depends on aggravating factors. A first-time, non-aggravated violation is a class E felony. If the eavesdropping targets a public official in the performance of duties, is done for commercial advantage, or involves a pattern of conduct, it escalates to a class D felony.

In addition to criminal penalties, Penal Law § 250.15 provides a private right of action: victims may sue for actual damages, punitive damages, and attorney’s fees.

Statutory Text

A person is guilty of eavesdropping when he unlawfully engages in wiretapping, mechanical overhearing of a conversation, or intercepting an electronic communication.

— Penal Law § 250.05 — Eavesdropping

Statutory Text

Eavesdropping is a class E felony, except that when committed for the purpose of committing another crime, or against a public servant while performing official duties, or as part of a pattern of conduct, it is a class D felony.

— Penal Law § 250.05(2) — Eavesdropping

Statutory Text

Any person whose conversation or transmission was intercepted, disclosed or used in violation of this article shall have a civil cause of action against any person who intercepted, disclosed or used the conversation or transmission.

— Penal Law § 250.15 — Civil liability

What to Do

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