Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 396-J
Sale or possession of master or manipulative keys for motor vehicles
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 396-j. Sale or possession of master or manipulative keys for motor
vehicles. 1. Any person, firm, copartnership, corporation or
association, or any agent or employee thereof who (a) sells, offers for
sale or advertises for sale or knowingly possesses any master or
manipulative key or device designed to open or capable of opening the
door or trunk of any motor vehicle, or of starting the engine thereof,
or (b) knowingly possesses any key cutter, manufacturing device or tool
which is capable of producing, duplicating or altering any key designed
to open or capable of opening the door or trunk of any motor vehicle, or
of starting the engine thereof, under circumstances evincing an intent
to use or knowledge that some person intends to use the same to make a
key to unlawfully enter or operate any motor vehicle, or (c) knowingly
possesses any duplicate key or key blank or device designed to open or
capable of opening or capable of being readily adapted to open the door
or trunk of any motor vehicle, or of starting the engine thereof, under
circumstances evincing an intent to use or knowledge that some person
intends to use the same to unlawfully enter or operate any motor
vehicle, is guilty of a class A misdemeanor.

2. This section shall not apply to a dealer of new or used motor
vehicles, a car rental agent, or a locksmith or their agents while
acting within the scope of their employment; or a private investigator,
or his employees, who is licensed and bonded by the state of New York
and who in the usual course of business repossesses motor vehicles; or a
state or municipal law enforcement officer acting within the scope of
his official duties.

3. Notwithstanding the provisions of subdivision one of this section,
it shall be lawful for an automobile club duly organized under the
Membership Corporations Law, for the purpose of providing services to
its members, its duly authorized employees or agents, to possess and use
a device other than a master or manipulative key for the purpose of
opening a door of a locked motor vehicle when requested to do so by a
member of said automobile club who is the owner or the operator in
lawful possession of said motor vehicle.