Bill Text: NY A08149 | 2015-2016 | General Assembly | Amended

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Bill Title: Relates to cyber crimes and identity theft; increases penalties for certain acts involving use of personal information, fraud, tampering, theft and use of a computer to commit crimes.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-04-14 - print number 8149a [A08149 Detail]

Download: New_York-2015-A08149-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         8149--A
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                      June 10, 2015
                                       ___________
        Introduced  by  M.  of A. LENTOL, MONTESANO -- read once and referred to
          the Committee on Codes -- recommitted to the  Committee  on  Codes  in
          accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
        AN  ACT  to  amend  the  penal  law  and  the criminal procedure law, in
          relation to cyber crimes
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivisions 1, 2, 3 and 4 of section 155.00 of the penal
     2  law, subdivision 1 as amended by chapter 514 of the laws  of  1986,  are
     3  amended and two new subdivisions 10 and 11 are added to read as follows:
     4    1.  "Property"  means  any  money,  personal  property, real property,
     5  computer  data,  computer  program,  personal  identifying  information,
     6  secret  scientific  material,  thing  in  action,  evidence  of  debt or
     7  contract, or any article, substance or thing  of  value,  including  any
     8  gas,  steam,  water  or  electricity,  which is provided for a charge or
     9  compensation.
    10    2. "Obtain" includes, but is not limited to, the bringing about  of  a
    11  transfer or purported transfer of property or of a legal interest there-
    12  in, whether to the obtainer or another.  With regard to personal identi-
    13  fying  information,  computer  data or computer program, obtain includes
    14  duplicating, recording, copying, downloading, uploading or printing  out
    15  the  information,  data,  or  program,  or  obtaining  a physical object
    16  containing such information.  With regard to service,  obtain  includes,
    17  but is not limited to, using or accessing a service.
    18    3.  "Deprive."  To "deprive" another of property means (a) to withhold
    19  it or cause it to be withheld from him or  her  permanently  or  for  so
    20  extended  a period or under such circumstances that the major portion of
    21  its economic value or benefit is lost to him or her, or (b)  to  dispose
    22  of  the property in such manner or under such circumstances as to render
    23  it unlikely that an owner will recover such property.  When the property
    24  is personal identifying information, computer data or computer  program,
    25  to  deprive another of its means to obtain it or cause a third person to
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08856-06-6