RBMS Security Committee: State Laws: New York
The RBMS Security Committee attempts to maintain a current list of statutes from each of the fifty states pertaining to library thefts or other criminal acts involving library and archival materials (view index). Following are the relevant laws for the state of New York:
New York State Consolidated Laws. Education, Article 5, Part II, Libraries, Section 264 Injuries to property.
Whoever intentionally injures,defaces or destroys any property belonging to or deposited in anyincorporated library, reading-room, museum or other educational institution, shall be punished by imprisonment in a state prison for not more than three years, or in a county jail for not more than one year, or by a fine of not more than five hundred dollars, or by both such fine and imprisonment.
Section 265 Detention
Whoever wilfully detains any book, newspaper, magazine, pamphlet, manuscript or other property belonging to any public or incorporated library, reading-room, museum or other educational institution, for thirty days after notice in writing to return the same, given after the expiration of the time which by the rules of such institution, such article or other property may be kept, shall be punished by a fine of not less than one nor more than twenty-five dollars, or by imprisonment in jail not exceeding six months, and the said notice shall bear on its face a copy of this section.
Section 265-a Defense of lawful detention
In any action for false arrest, false imprisonment, unlawful detention, defamation of character,assault, trespass or invasion of civil rights brought by any person by reason of having been detained on or in the immediate vicinity of the premises of a public library or association library for the purpose of investigation or questioning as to the ownership of any materials, it shall be a defense to such action that the person was detained in a reasonable manner and for not more than a reasonable time to permit such investigation or questioning by a peace officer or by the librarian in charge, his or her authorized employee or agent, and that such peace officer, librarian, employee or agent has reasonable grounds to believe that the person so detained was committing or attempting to commit larceny on such premises of such materials. As used in this section, "reasonable grounds" shall include, but not be limited to, knowledge that a person has concealed, unauthorized possession of material owned or belonging to the public library or association library, and a "reasonable time" shall mean the time necessary to permit the person detained to make a statement or to refuse to make a statement, and the time necessary to examine employees and records of the public library or association library relative to the ownership of the materials.
See New York statutes online at: http://caselaw.lp.findlaw.com/nycodes/.
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