N.Y. ACA Law § 25.35 — New York Code / Act ACA / Title G / Article 25 / Section 25.35
Criminal penalties
Status: in_force

* § 25.35. Criminal penalties. 1. (a) Any person, firm, corporation or\nother entity, whether or not domiciled, licensed or registered within\nthe state, which is convicted of violating section 25.27 or 25.29 of\nthis article shall be guilty of a class A misdemeanor punishable by a\nfine not to exceed one thousand dollars or two times the amount of the\ndefendant's gain, to be determined pursuant to the procedures set forth\nin section 400.30 of the criminal procedure law, whichever is greater,\nor by a term of imprisonment not to exceed one year, or by both such\nfine and imprisonment.\n  (b) Any person, firm, corporation or other entity, whether or not\ndomiciled, licensed, or registered within the state, which is convicted\nof violating section 25.27 or 25.29 of this article, when the value of\nthe commission, gratuity, bonus, premium or price unlawfully paid or\naccepted exceeds one thousand dollars for an event as defined in section\n23.03 of this chapter, whether or not such payment is for tickets to a\nsingle performance of that event, shall be guilty of a class E felony,\npunishable by a term of imprisonment in accordance with the penal law,\nor by a fine of five thousand dollars or two times the amount of the\ndefendant's gain, to be determined pursuant to the procedures set forth\nin section 400.30 of the criminal procedure law, whichever is greater,\nor by both such fine and imprisonment.\n  2. Any person, firm or corporation which is convicted of violating\nsubdivision two of section 25.09 of this article shall be guilty of a\nmisdemeanor punishable by a term of imprisonment not to exceed one year\nor by a fine not to exceed seven hundred fifty dollars on the first\nconviction; one thousand five hundred dollars on the second conviction;\nand two thousand dollars, on each subsequent conviction or by both such\nfine and imprisonment.\n  3. Any person, firm or corporation which is convicted of knowingly\nviolating subdivision one of section 25.07 or section 25.13 or section\n25.15 of this article shall be guilty of a misdemeanor punishable by a\nterm of imprisonment not to exceed one hundred eighty days or by a fine\nnot to exceed five hundred dollars on the first conviction; one thousand\ndollars on the second conviction; and two thousand dollars on each\nsubsequent conviction or by both such fine and imprisonment.\n  4. Notwithstanding any other penalty which may be imposed for any\nother violation of this article, any person, firm or corporation which\nis convicted of violating section 25.11 of this article shall be guilty\nof a violation punishable by a fine not to exceed two hundred dollars on\nthe first conviction; five hundred dollars on the second conviction; and\none thousand dollars on each subsequent conviction.\n  5. Any person, firm or corporation which is convicted of violating\nsubdivision one of section 25.09 of this article shall be guilty of a\nviolation punishable by a fine not to exceed five hundred dollars.\n  6. Any person, firm or corporation which is convicted of violating any\nother section of this article shall be guilty of a violation punishable\nby a fine not to exceed two hundred fifty dollars.\n  7. Notwithstanding any other provision to the contrary, when the fines\nincluded in this section are imposed on a firm, corporation or other\nentity that is not a single person, such fines may be imposed at up to\ntwo times the amount otherwise allowed, or, where applicable, three\ntimes the amount of the defendant's gain.\n  * NB Repealed July 1, 2027\n