Bill Text: NY S00954 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to criminal possession of computer related material in the first and second degree.

Spectrum: Moderate Partisan Bill (Republican 7-1)

Status: (Engrossed - Dead) 2018-06-20 - COMMITTED TO RULES [S00954 Detail]

Download: New_York-2017-S00954-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           954
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 5, 2017
                                       ___________
        Introduced  by  Sens. CROCI, AVELLA, FUNKE, GOLDEN, LARKIN -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Codes
        AN ACT to amend the penal law, in relation  to  criminal  possession  of
          computer related material
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 156.35 of the penal law, as added by chapter 514 of
     2  the laws of 1986, is amended to read as follows:
     3  § 156.35 Criminal possession of computer related material in the  second
     4             degree.
     5    A person is guilty of criminal possession of computer related material
     6  in  the second degree when having no right to do so, he or she knowingly
     7  possesses, in any form, any  copy,  reproduction  or  duplicate  of  any
     8  computer data or computer program which was copied, reproduced or dupli-
     9  cated  in  violation  of  section 156.30 of this article, with intent to
    10  benefit himself, herself or a person other than an owner thereof.
    11    Criminal possession of computer related material in the second  degree
    12  is a class E felony.
    13    §  2.  The penal law is amended by adding a new section 156.36 to read
    14  as follows:
    15  § 156.36 Criminal possession of computer related material in  the  first
    16             degree.
    17    A person is guilty of criminal possession of computer related material
    18  in  the  first  degree when, after the unauthorized use of a computer in
    19  violation of section 156.05 of this article, a person, having  no  right
    20  to  do  so,  knowingly possesses, in any form, any copy, reproduction or
    21  duplicate of any computer data or computer  program  which  was  copied,
    22  reproduced or duplicated in violation of section 156.30 of this article,
    23  with  intent to benefit himself, herself or a person other than an owner
    24  thereof, and the copying, reproduction or duplication of  such  computer
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00833-01-7
        S. 954                              2
     1  data  or computer program causes financial harm to another person, part-
     2  nership or corporation, individually or collectively, in excess  of  one
     3  hundred thousand dollars.
     4    Criminal  possession  of computer related material in the first degree
     5  is a class B felony.
     6    § 3. This act shall take effect on the first of November next succeed-
     7  ing the date on which it shall have become a law.