N.Y. PEN Law § 275.32

§ 275.32 Unlawful operation of a recording device in a motion picture or\n live theater in the third degree.\n 1. A person is guilty of unlawful operation of a recording device in a\nmotion picture or live theater in the third degree when without\nauthority or written permission from the operator of a motion picture\ntheater or live theater, the person operates a recording device in such\ntheater.\n 2. As used in this section (a) "recording device" means a photographic\nor video camera, or any audiovisual recording function of any device\nused for recording the sound or picture of a motion picture;\n (b) "operator" means the owner or lessee of a motion picture theater\nor live theater or the authorized agent or employee of such owner or\nlessee;\n (c) "motion picture theater" means a theater, screening room,\nauditorium or other venue that is being utilized primarily for the\nexhibition of a motion picture at the time of the offense; and\n (d) "live theater" means a concert hall, recital hall, theater, or\nauditorium in which a presentation is rendered, consisting in whole or\nin part of a musical, dramatic, dance, or other stage rendition by one\nor more professional performers who appear in person in the immediate\npresence of their audiences, and admission to which is limited by its\noperator to persons holding an admission ticket or who have other\nauthority or written permission to enter. Live theater shall not mean or\ninclude a musical, dramatic, dance, or other stage rendition that is\nperformed by students enrolled in a school or college or as a part of a\nchildren's camp or similar program.\n Unlawful operation of a recording device in a motion picture or live\ntheater in the third degree is a violation.\n