§ 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.

Attorney's Note

Under the New York Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A misdemeanorup to 364 daysup to $1,000
For details, see N.Y. Penal Law § 70.15

Terms Used In N.Y. General Business Law 396-J

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.

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.