Bill Text: NY S02406 | 2017-2018 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2018-06-11 - referred to codes [S02406 Detail]
Download: New_York-2017-S02406-Introduced.html
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: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2018-06-11 - referred to codes [S02406 Detail]
Download: New_York-2017-S02406-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2406 2017-2018 Regular Sessions IN SENATE January 13, 2017 ___________ Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes 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. LBD03876-01-7S. 2406 2 1 obtain it under such circumstances that a substantial portion of the 2 economic benefit or value of having control over it or authority over 3 its use is lost to an owner. To deprive another of service is to use or 4 access a service or cause a third person to use or access a service 5 under such circumstances that some of the economic benefit or value of 6 having control or authority over providing the service is lost to an 7 owner. 8 4. "Appropriate." To "appropriate" property of another to oneself or a 9 third person means (a) to exercise control over it, or to aid a third 10 person to exercise control over it, permanently or for so extended a 11 period or under such circumstances as to acquire the major portion of 12 its economic value or benefit, or (b) to dispose of the property for the 13 benefit of oneself or a third person. When the property is personal 14 identifying information, computer data or computer program of another, 15 to appropriate it to oneself or a third person means to obtain it under 16 such circumstances as to acquire the ability to use it or dispose of it 17 to the economic benefit of oneself or a third person or to the economic 18 detriment or damage of an owner. To appropriate a service provided by 19 another to oneself or a third person means to use or access the service 20 under such circumstances as to acquire the ability to use it to the 21 economic benefit of oneself or a third person or to the economic detri- 22 ment or damage of an owner. 23 10. "Computer program" means an ordered set of data representing coded 24 instructions or statements that when executed by the computer, cause the 25 computer to process data or direct the computer to perform one or more 26 computer operations or both and may be in any form, including magnetic 27 storage media, optical media, computing devices, punched cards, or 28 stored internally in the memory of the computer. 29 11. "Computer data" means a representation of information, knowledge, 30 facts, concept or instructions which are being processed, or have been 31 processed in a computer and may be in any form including magnetic stor- 32 age media, punched cards, or stored internally in the memory of the 33 computer. 34 § 2. Paragraph (c) of subdivision 2 of section 155.05 of the penal law 35 is amended and a new paragraph (f) is added to read as follows: 36 (c) By committing the crime of issuing a bad check, as defined in 37 section 190.05, or by obtaining property or service by using or present- 38 ing a form of payment or personal identifying information the actor 39 knows he or she is not authorized to use or knows is expired or forged 40 or otherwise not valid; 41 (f) By theft of service. Theft of service means either: (i) using or 42 accessing a service in a manner that otherwise requires payment and 43 intentionally failing to pay for such use or access by either tampering 44 without authority with a delivery, payment, or measurement device or 45 mechanism, or by entering or leaving premises where the service is 46 provided by stealth or by evading a physical barrier, or (ii) using or 47 accessing a service in a manner that otherwise requires payment or the 48 presentation of personal identifying information and using or presenting 49 a form of payment or personal identifying information the actor knows he 50 or she is not authorized to use or knows is expired or forged or other- 51 wise not valid. 52 § 3. Subdivision 1 of section 155.20 of the penal law is amended to 53 read as follows: 54 1. Except as otherwise specified in this section, value means the 55 market value of the property at the time and place of the crime, or if 56 such cannot be satisfactorily ascertained, the cost of replacement ofS. 2406 3 1 the property within a reasonable time after the crime. With regard to 2 service, value shall also mean the cost of providing the service at the 3 time of the crime, and with regard to the value of computer data or 4 computer program value shall mean the replacement cost or the market 5 value at the time and place of the crime, or the cost to write or devel- 6 op such data and/or program, whichever is greater. 7 § 4. The penal law is amended by adding a new section 155.23 to read 8 as follows: 9 § 155.23 Petit theft of service. 10 A person is guilty of petit theft of service when he or she steals a 11 service. 12 Petit theft of service is a class B misdemeanor. 13 § 5. Section 155.25 of the penal law is amended to read as follows: 14 § 155.25 Petit larceny. 15 A person is guilty of petit larceny when he or she steals property, or 16 steals a service and the value of the service exceeds five hundred 17 dollars. 18 Petit larceny is a class A misdemeanor. 19 § 6. The opening paragraph and subdivisions 1, 4 and 6 of section 20 155.30 of the penal law, the opening paragraph and subdivisions 1 and 6 21 as amended by chapter 515 of the laws of 1986, subdivision 4 as amended 22 by chapter 556 of the laws of 1987, are amended to read as follows: 23 A person is guilty of grand larceny in the fourth degree when he or 24 she steals property or a service and when: 25 1. The value of the property or service exceeds one thousand dollars; 26 or 27 4. The property consists of a credit card or debit card or personal 28 identifying information; or 29 6. The property or service, regardless of its nature and value, is 30 obtained by extortion; or 31 § 7. Section 155.35 of the penal law, as amended by chapter 464 of the 32 laws of 2010, is amended to read as follows: 33 § 155.35 Grand larceny in the third degree. 34 A person is guilty of grand larceny in the third degree when he or she 35 steals property or a service and: 36 1. when the value of the property exceeds three thousand dollars, or 37 2. the property is an automated teller machine or the contents of an 38 automated teller machine, or 39 3. the property is personal identifying information of twenty-five or 40 more persons. 41 Grand larceny in the third degree is a class D felony. 42 § 8. Section 155.40 of the penal law, as amended by chapter 515 of the 43 laws of 1986, is amended to read as follows: 44 § 155.40 Grand larceny in the second degree. 45 A person is guilty of grand larceny in the second degree when he or 46 she steals property or a service and when: 47 1. The value of the property or service exceeds fifty thousand 48 dollars; or 49 2. The property or service, regardless of its nature and value, is 50 obtained by extortion committed by instilling in the victim a fear that 51 the actor or another person will (a) cause physical injury to some 52 person in the future, or (b) cause damage to property, or (c) use or 53 abuse his or her position as a public servant by engaging in conduct 54 within or related to his or her official duties, or by failing or refus- 55 ing to perform an official duty, in such manner as to affect some person 56 adversely, orS. 2406 4 1 3. the property is personal identifying information of one hundred or 2 more persons. 3 Grand larceny in the second degree is a class C felony. 4 § 9. Section 155.42 of the penal law, as added by chapter 515 of the 5 laws of 1986, is amended to read as follows: 6 § 155.42 Grand larceny in the first degree. 7 A person is guilty of grand larceny in the first degree when he or she 8 steals property or a service and when the value of the property or 9 service exceeds one million dollars; or the property is personal identi- 10 fying information of one thousand or more persons. 11 Grand larceny in the first degree is a class B felony. 12 § 10. Subdivisions 5 and 8 of section 156.00 of the penal law, subdi- 13 vision 5 as amended and subdivision 8 as added by chapter 558 of the 14 laws of 2006, are amended to read as follows: 15 5. "Computer material" is property and means any computer data or 16 computer program which: 17 (a) contains records of the medical history or medical treatment of an 18 identified or readily identifiable individual or individuals. This term 19 shall not apply to the gaining access to or duplication solely of the 20 medical history or medical treatment records of a person by that person 21 or by another specifically authorized by the person whose records are 22 gained access to or duplicated; or 23 (b) contains records maintained by the state or any political subdivi- 24 sion thereof or any governmental instrumentality within the state which 25 contains any information concerning a person, as defined in subdivision 26 seven of section 10.00 of this chapter, which because of name, number, 27 symbol, mark or other identifier, can be used to identify the person and 28 which is otherwise prohibited by law from being disclosed. This term 29 shall not apply to the gaining access to or duplication solely of 30 records of a person by that person or by another specifically authorized 31 by the person whose records are gained access to or duplicated; or 32 (c) is not and is not intended to be available to anyone other than 33 the person or persons rightfully in possession thereof or selected 34 persons having access thereto with his, her or their consent and which 35 [accords or may accord such rightful possessors an advantage over36competitors or other persons who do not have knowledge or the benefit37thereof] any person, other than a person rightfully in possession, knows 38 or should know is not intended to be available to him or her. 39 8. "Without authorization" means to use or to access a computer, 40 computer service or computer network without the permission of the owner 41 or lessor or someone licensed or privileged by the owner or lessor where 42 such person knew that his or her use or access was without permission or 43 after actual notice to such person that such use or access was without 44 permission, or that such use or access was for purposes other than those 45 for which permission was granted by the owner, lessor, or someone 46 licensed or privileged by such owner or lessor. It shall also mean the 47 access of a computer service by a person without permission where such 48 person knew that such access was without permission or after actual 49 notice to such person, that such access was without permission. 50 Proof that such person used or accessed a computer, computer service 51 or computer network through the knowing use of a set of instructions, 52 code or computer program that bypasses, defrauds or otherwise circum- 53 vents a security measure installed or used with the user's authorization 54 on the computer, computer service or computer network shall be presump- 55 tive evidence that such person used or accessed such computer, computer 56 service or computer network without authorization.S. 2406 5 1 § 11. Section 156.20 of the penal law, as amended by chapter 558 of 2 the laws of 2006, is amended to read as follows: 3 § 156.20 Computer tampering in the [fourth] fifth degree. 4 A person is guilty of computer tampering in the [fourth] fifth degree 5 when he or she uses, causes to be used, or accesses a computer, computer 6 service, or computer network without authorization and he or she inten- 7 tionally alters in any manner or destroys computer data or a computer 8 program of another person. 9 Computer tampering in the [fourth] fifth degree is a class A misdemea- 10 nor. 11 § 12. Section 156.25 of the penal law, as amended by chapter 89 of the 12 laws of 1993, subdivision 2 as amended by chapter 376 of the laws of 13 1997, is amended to read as follows: 14 § 156.25 Computer tampering in the [third] fourth degree. 15 A person is guilty of computer tampering in the third degree when he 16 or she commits the crime of computer tampering in the [fourth] fifth 17 degree and: 18 1. he or she does so with an intent to commit or attempt to commit or 19 further the commission of any felony; or 20 2. he or she has been previously convicted of any crime under this 21 article or subdivision eleven of section 165.15 of this chapter; or 22 3. he or she intentionally alters in any manner or destroys computer 23 material; or 24 4. he or she intentionally alters in any manner or destroys computer 25 data or a computer program so as to cause damages in an aggregate amount 26 exceeding one thousand dollars. 27 Computer tampering in the [third] fourth degree is a class E felony. 28 § 13. Section 156.26 of the penal law, as amended by chapter 590 of 29 the laws of 2008, is amended to read as follows: 30 § 156.26 Computer tampering in the [second] third degree. 31 A person is guilty of computer tampering in the [second] third degree 32 when he or she commits the crime of computer tampering in the fourth 33 degree and he or she intentionally alters in any manner or destroys: 34 1. computer data or a computer program so as to cause damages in an 35 aggregate amount exceeding three thousand dollars; or 36 2. computer material that contains records of the medical history or 37 medical treatment of an identified or readily identifiable individual or 38 individuals and as a result of such alteration or destruction, such 39 individual or individuals suffer serious physical injury, and he or she 40 is aware of and consciously disregards a substantial and unjustifiable 41 risk that such serious physical injury may occur. 42 Computer tampering in the [second] third degree is a class D felony. 43 § 14. Section 156.27 of the penal law, as added by chapter 89 of the 44 laws of 1993, is amended to read as follows: 45 § 156.27 Computer tampering in the [first] second degree. 46 A person is guilty of computer tampering in the [first] second degree 47 when he or she commits the crime of computer tampering in the fourth 48 degree and he or she intentionally alters in any manner or destroys 49 computer data or a computer program so as to cause damages in an aggre- 50 gate amount exceeding fifty thousand dollars. 51 Computer tampering in the [first] second degree is a class C felony. 52 § 15. The penal law is amended by adding a new section 156.28 to read 53 as follows: 54 § 156.28 Computer tampering in the first degree. 55 A person is guilty of computer tampering in the first degree when he 56 or she commits the crime of computer tampering in the fifth degree andS. 2406 6 1 he or she intentionally alters in any manner or destroys computer data 2 or a computer program and thereby causes damages in an aggregate amount 3 of one million dollars or more. 4 Computer tampering in the first degree is a class B felony. 5 § 16. The penal law is amended by adding five new sections 156.60, 6 156.65, 156.70, 156.75 and 156.80 to read as follows: 7 § 156.60 Denial of service attack on a computer, computer service, 8 computer program, or computer network in the fifth degree. 9 A person is guilty of denial of service attack on a computer, computer 10 service, computer program, or computer network in the fifth degree when 11 he or she acting alone or with others knowingly causes the transmission 12 of a program, information, code, or command, or other electronic commu- 13 nication, and as a result of such conduct, intentionally makes the 14 computer, computer service, computer program, or computer network tempo- 15 rarily or indefinitely unavailable to its intended users. 16 Denial of service attack on a computer, computer service, computer 17 program, or computer network in the fifth degree is a class A misdemea- 18 nor. 19 § 156.65 Denial of service attack on a computer, computer service, 20 computer program, or computer network in the fourth degree. 21 A person is guilty of denial of service attack on a computer, computer 22 service, computer program, or computer network in the fourth degree when 23 he or she commits the crime of denial of service attack on a computer, 24 computer service, computer program, or computer network in the fifth 25 degree and thereby causes damages or loss that exceeds one thousand 26 dollars to another person or persons, and/or one or more financial 27 institutions and/or other businesses. 28 Denial of service attack on a computer, computer service, computer 29 program, or computer network in the fourth degree is a class E felony. 30 § 156.70 Denial of service attack on a computer, computer service, 31 computer program, or computer network in the third degree. 32 A person is guilty of denial of service attack on a computer in the 33 third degree when he or she commits the crime of denial of service 34 attack on a computer, computer service, computer program, or computer 35 network in the fifth degree and thereby causes damages or loss that 36 exceeds three thousand dollars to another person or persons, and/or to 37 one or more financial institutions and/or other businesses, or commits 38 or attempts to commit a class D felony or higher level crime or acts as 39 an accessory to the commission of a class D or higher level felony. 40 Denial of service attack on a computer, computer service, computer 41 program, or computer network in the third degree is a class D felony. 42 § 156.75 Denial of service attack on a computer, computer service, 43 computer program, or computer network in the second degree. 44 A person is guilty of denial of service attack on a computer, computer 45 service, computer program, or computer network in the second degree when 46 he or she commits the crime of denial of service attack on a computer, 47 computer service, computer program, or computer network in the fifth 48 degree and thereby causes damages or loss that exceeds fifty thousand 49 dollars to another person or persons, and/or financial institutions 50 and/or other businesses, or commits or attempts to commit a class C 51 felony or higher level crime or acts as an accessory in the commission 52 of a class C or higher level felony. 53 Denial of service attack on a computer, computer service, computer 54 program, or computer network in the second degree is a class C felony. 55 § 156.80 Denial of service attack on a computer, computer service, 56 computer program, or computer network in the first degree.S. 2406 7 1 A person is guilty of denial of service attack on a computer, computer 2 service, computer program, or computer network in the first degree when 3 he or she commits the crime of denial of service attack on a computer, 4 computer service, computer program, or computer network in the fifth 5 degree and thereby causes damages or loss that exceeds one million 6 dollars to another person or persons, and/or one or more financial 7 institutions and/or other businesses, or commits or attempts to commit a 8 class B felony or higher level crime or acts as an accessory in the 9 commission on a class B or higher level felony. 10 Denial of service attack on a computer, computer service, computer 11 program, or computer network in the first degree is a class B felony. 12 § 17. Subdivision 2 of section 165.45 of the penal law, as amended by 13 chapter 81 of the laws of 1995, is amended to read as follows: 14 2. The property consists of a credit card, debit card or public bene- 15 fit card, or personal identifying information as defined in section 16 190.77 of this chapter; or 17 § 18. Section 165.50 of the penal law, as amended by chapter 515 of 18 the laws of 1986, is amended to read as follows: 19 § 165.50 Criminal possession of stolen property in the third degree. 20 A person is guilty of criminal possession of stolen property in the 21 third degree when he or she knowingly possesses stolen property, with 22 intent to benefit himself or herself or a person other than an owner 23 thereof or to impede the recovery by an owner thereof, and when the 24 value of the property exceeds three thousand dollars, or the property 25 consisted of the personal identifying information of twenty-five or more 26 persons. 27 Criminal possession of stolen property in the third degree is a class 28 D felony. 29 § 19. Section 165.52 of the penal law, as added by chapter 515 of the 30 laws of 1986, is amended to read as follows: 31 § 165.52 Criminal possession of stolen property in the second degree. 32 A person is guilty of criminal possession of stolen property in the 33 second degree when he or she knowingly possesses stolen property, with 34 intent to benefit himself or herself or a person other than an owner 35 thereof or to impede the recovery by an owner thereof, and when the 36 value of the property exceeds fifty thousand dollars, or the property 37 consists of the personal identifying information of one hundred or more 38 persons. 39 Criminal possession of stolen property in the second degree is a class 40 C felony. 41 § 20. Section 165.54 of the penal law, as added by chapter 515 of the 42 laws of 1986, is amended to read as follows: 43 § 165.54 Criminal possession of stolen property in the first degree. 44 A person is guilty of criminal possession of stolen property in the 45 first degree when he or she knowingly possesses stolen property, with 46 intent to benefit himself or herself or a person other than an owner 47 thereof or to impede the recovery by an owner, and when the value of the 48 property exceeds one million dollars, or the property consists of the 49 personal identifying information of one thousand or more persons. 50 Criminal possession of stolen property in the first degree is a class 51 B felony. 52 § 21. Section 190.60 of the penal law, as amended by chapter 491 of 53 the laws of 1992, subdivision 1 as amended by chapter 357 of the laws of 54 1996, is amended to read as follows: 55 § 190.60 Scheme to defraud in the [second] fifth degree.S. 2406 8 1 1. A person is guilty of a scheme to defraud in the [second] fifth 2 degree when he or she engages in a scheme constituting a systematic 3 ongoing course of conduct with intent to defraud more than one person or 4 to obtain property from more than one person by false or fraudulent 5 pretenses, representations or promises, and so obtains property from one 6 or more of such persons. 7 2. In any prosecution under this section, it shall be necessary to 8 prove the identity of at least one person from whom the defendant so 9 obtained property, but it shall not be necessary to prove the identity 10 of any other intended victim. 11 Scheme to defraud in the [second] fifth degree is a class A misdemea- 12 nor. 13 § 22. The penal law is amended by adding three new sections 190.62, 14 190.63 and 190.64 to read as follows: 15 § 190.62 Scheme to defraud in the fourth degree. 16 A person is guilty of a scheme to defraud in the fourth degree when he 17 or she engages in a scheme to defraud in the fifth degree, and 18 1. intends to obtain property or service from ten or more persons; or 19 2. the value of the property or service obtained exceeds one thousand 20 dollars; or 21 3. intends to obtain and does obtain property or service from at least 22 one vulnerable elderly person as defined in section 260.31 of this chap- 23 ter. 24 Scheme to defraud in the fourth degree is a class E felony. 25 § 190.63 Scheme to defraud in the third degree. 26 A person is guilty of a scheme to defraud in the third degree when he 27 or she engages in a scheme to defraud in the fifth degree, and 28 1. intends to obtain property or service from twenty-five or more 29 persons; or 30 2. the value of the property or service obtained exceeds three thou- 31 sand dollars. 32 Scheme to defraud in the third degree is a class D felony. 33 § 190.64 Scheme to defraud in the second degree. 34 A person is guilty of a scheme to defraud in the second degree when he 35 or she engages in a scheme to defraud in the fifth degree, and 36 1. intends to obtain property or service from one hundred or more 37 persons; or 38 2. the value of the property or service obtained exceeds fifty thou- 39 sand dollars. 40 Scheme to defraud in the second degree is a class C felony. 41 § 23. Section 190.65 of the penal law, as amended by chapter 291 of 42 the laws of 2008, is amended to read as follows: 43 § 190.65 Scheme to defraud in the first degree. 44 [1.] A person is guilty of a scheme to defraud in the first degree 45 when he or she[: (a)] engages in conduct constituting a scheme [consti-46tuting a systematic ongoing course of conduct with intent] to defraud 47 [ten] in the fifth degree and intends to obtain property or service from 48 one thousand or more persons or to obtain property from ten or more 49 persons by false or fraudulent pretenses, representations or promises, 50 and so obtains property from one or more of such persons; [or (b)51engages in a scheme constituting a systematic ongoing course of conduct52with intent to defraud more than one person or to obtain property from53more than one person by false or fraudulent pretenses, representations54or promises, and so obtains] and value of the property [with a value in55excess of one thousand dollars from one or more such persons; or (c)56engages in a scheme constituting a systematic ongoing course of conductS. 2406 9 1with intent to defraud more than one person, more than one of whom is a2vulnerable elderly person as defined in subdivision three of section3260.30 of this chapter or to obtain property from more than one person,4more than one of whom is a vulnerable elderly person as defined in5subdivision three of section 260.30 of this chapter, by false or fraudu-6lent pretenses, representations or promises, and so obtains property7from one or more such persons.82. In any prosecution under this section, it shall be necessary to9prove the identity of at least one person from whom the defendant so10obtained property, but it shall not be necessary to prove the identity11of any other intended victim, provided that in any prosecution under12paragraph (c) of subdivision one of this section, it shall be necessary13to prove the identity of at least one such vulnerable elderly person as14defined in subdivision three of section 260.30 of this chapter] or 15 service obtained exceeds one million dollars. 16 Scheme to defraud in the first degree is a class [E] B felony. 17 § 24. Section 190.78 of the penal law, as added by chapter 619 of the 18 laws of 2002, is amended to read as follows: 19 § 190.78 Identity theft in the [third] fifth degree. 20 A person is guilty of identity theft in the [third] fifth degree when 21 he or she knowingly and with intent to defraud assumes the identity of 22 another person by presenting himself or herself as that other person, or 23 by acting as that other person or by using personal identifying informa- 24 tion of that other person, and thereby: 25 1. obtains goods, money, property or services or uses credit in the 26 name of such other person or causes financial loss to such person or to 27 another person or persons; or 28 2. commits a class A misdemeanor or higher level crime. 29 Identity theft in the [third] fifth degree is a class A misdemeanor. 30 § 25. Section 190.79 of the penal law, as added by chapter 619 of the 31 laws of 2002, subdivision 4 as amended by chapter 279 of the laws of 32 2008, is amended to read as follows: 33 § 190.79 Identity theft in the [second] fourth degree. 34 A person is guilty of [identify] identity theft in the [second] fourth 35 degree when he or she knowingly and with intent to defraud assumes the 36 identity of another person by presenting himself or herself as that 37 other person, or by acting as that other person or by using personal 38 identifying information of that other person, and thereby: 39 1. obtains goods, money, property or services or uses credit in the 40 name of such other person in an aggregate amount that exceeds five 41 hundred dollars; or 42 2. causes financial loss to such person or to another person or 43 persons in an aggregate amount that exceeds five hundred dollars; or 44 3. commits or attempts to commit a felony or acts as an accessory to 45 the commission of a felony; or 46 4. commits the crime of identity theft in the [third] fifth degree as 47 defined in section 190.78 of this article and has been previously 48 convicted within the last [five years of identity theft in the third49degree as defined in section 190.78, identity theft in the second degree50as defined in this section, identity theft in the first degree as51defined in section 190.80, unlawful possession of personal identifica-52tion information in the third degree as defined in section 190.81,53unlawful possession of personal identification information in the second54degree as defined in section 190.82, unlawful possession of personal55identification information in the first degree as defined in section56190.83, unlawful possession of a skimmer device in the second degree asS. 2406 10 1defined in section 190.85, unlawful possession of a skimmer device in2the first degree as defined in section 190.86, grand larceny in the3fourth degree as defined in section 155.30, grand larceny in the third4degree as defined in section 155.35, grand larceny in the second degree5as defined in section 155.40 or grand larceny in the first degree as6defined in section 155.42 of this chapter] ten years, excluding any time 7 period during which such person was incarcerated for any reason, of any 8 crime in this article or article one hundred seventy of this chapter, or 9 of any larceny crime as defined in article one hundred fifty-five of 10 this chapter, or of any criminal possession of stolen property crime as 11 defined in article one hundred sixty-five of this chapter; or he or she 12 knowingly and with intent to defraud assumes the identity of three or 13 more persons by presenting himself or herself as those persons or by 14 acting as those persons or by using personal identifying information of 15 any of those persons and thereby obtains goods, money, property or 16 services or uses credit in the name of at least one such person, or 17 causes financial loss to at least one such person or to another person 18 or persons. 19 Identity theft in the [second] fourth degree is a class E felony. 20 § 26. Section 190.80 of the penal law, as added by chapter 619 of the 21 laws of 2002, subdivision 4 as amended by chapter 279 of the laws of 22 2008, is amended to read as follows: 23 § 190.80 Identity theft in the [first] third degree. 24 A person is guilty of identity theft in the [first] third degree when 25 he or she knowingly and with intent to defraud assumes the identity of 26 another person by presenting himself or herself as that other person, or 27 by acting as that other person or by using personal identifying informa- 28 tion of that other person, and thereby: 29 1. obtains goods, money, property or services or uses credit in the 30 name of such other person in an aggregate amount that exceeds two thou- 31 sand dollars; or 32 2. causes financial loss to such person or to another person or 33 persons in an aggregate amount that exceeds two thousand dollars; or 34 3. commits or attempts to commit a class D felony or higher level 35 crime or acts as an accessory in the commission of a class D or higher 36 level felony; or 37 4. commits the crime of identity theft in the [second] fourth degree 38 as defined in section 190.79 of this article and has been previously 39 convicted within the last [five years of identity theft in the third40degree as defined in section 190.78, identity theft in the second degree41as defined in section 190.79, identity theft in the first degree as42defined in this section, unlawful possession of personal identification43information in the third degree as defined in section 190.81, unlawful44possession of personal identification information in the second degree45as defined in section 190.82, unlawful possession of personal identifi-46cation information in the first degree as defined in section 190.83,47unlawful possession of a skimmer device in the second degree as defined48in section 190.85, unlawful possession of a skimmer device in the first49degree as defined in section 190.86, grand larceny in the fourth degree50as defined in section 155.30, grand larceny in the third degree as51defined in section 155.35, grand larceny in the second degree as defined52in section 155.40 or grand larceny in the first degree as defined in53section 155.42 of this chapter] ten years, excluding any time period 54 during which such person was incarcerated for any reason, of any crime 55 in this article or article one hundred seventy of this chapter, or of 56 any larceny crime as defined in article one hundred fifty-five of thisS. 2406 11 1 chapter, or of any criminal possession of stolen property crime as 2 defined in article one hundred sixty-five of this chapter; or assumes 3 the identity of ten or more persons by presenting himself or herself as 4 those other persons, or by acting as those other persons, or by using 5 personal identifying information of those other persons, and thereby 6 obtaining goods, money, property or services or uses credit in the name 7 of at least one such person, or causes financial loss to at least one 8 such person, to another person or persons. 9 Identity theft in the [first] third degree is a class D felony. 10 § 27. Section 190.80-a of the penal law, as added by chapter 226 of 11 the laws of 2008, is renumbered section 190.80-c and amended, and two 12 new sections 190.80-a and 190.80-b are added to read as follows: 13 § 190.80-a Identity theft in the second degree. 14 A person is guilty of identity theft in the second degree when: 15 1. he or she knowingly and with intent to defraud assumes the identity 16 of another person by presenting himself or herself as that other person, 17 or by acting as that other person or by using personal identifying 18 information of that other person, and thereby: 19 a. obtains goods, money, property or services or uses credit in the 20 name of such other person in an aggregate amount that exceeds twenty- 21 five thousand dollars; or 22 b. causes financial loss to such person to another person or persons 23 in an aggregate amount that exceeds twenty-five thousand dollars; or 24 c. commits or attempts to commit a class C felony or higher level 25 crime or acts as an accessory in the commission of a class C or higher 26 level felony; or 27 d. commits the crime of identity theft in the third degree as defined 28 in section 190.80 of this article and has been previously convicted 29 within the last ten years, excluding any time during which such person 30 was incarcerated for any reason, of any crime in this article or article 31 one hundred seventy of this chapter, or any larceny crime as defined in 32 article one hundred fifty-five of this chapter, or of any criminal 33 possession of stolen property crime as defined in article one hundred 34 sixty-five of this chapter; or 35 2. assumes the identity of twenty-five or more person by presenting 36 himself or herself as those other persons, or by acting as those other 37 persons, or by using personal identifying information of those other 38 persons, and thereby obtains goods, money, property or or services or 39 uses credit in the name of at least one such person, or causes financial 40 loss to at least one such person, or to another person or persons. 41 Identity theft in the second degree of a class C felony. 42 § 190.80-b Identity theft in the first degree. 43 A person is guilty of identity theft in the first degree when: 44 1. he or she knowingly and with intent to defraud assumes the identity 45 of another person by presenting himself or herself as that other person, 46 or by acting as that other person or by using personal identifying 47 information, and thereby: 48 a. obtains goods, money, property or services or uses credit in the 49 name of such other person in an aggregate amount that exceeds five 50 hundred thousand dollars; or 51 b. causes financial loss to such person or to another person or 52 persons in an aggregate amount that exceeds five hundred thousand 53 dollars; or 54 c. commits or attempts to commit a class B felony or higher level 55 crime or act as an accessory in the commission of a class B or higher 56 level felony; orS. 2406 12 1 d. commits the crime of identity theft in the second degree as defined 2 in section 190.80-a of this article and has been previously convicted 3 within the last ten years, excluding any time during which such person 4 was incarcerated for any reason, of any crime in this article or article 5 one hundred seventy of this chapter, or of any larceny crime as defined 6 in article one hundred fifty-five of this chapter, or of any criminal 7 possession of stolen property crime as defined in article one hundred 8 sixty-five of this chapter; or 9 2. assumes the identity of one hundred or more persons by presenting 10 himself or herself as those other persons, or by acting as those other 11 persons, or by using personal identifying information of those other 12 persons, and thereby obtains goods, money, property or services or uses 13 credit in the name of a least on such person, or causes financial loss 14 to at least on such person, or to another person or persons. 15 Identity theft in the first degree is a class B felony. 16 § 190.80-c Aggravated identity theft. 17 A person is guilty of aggravated identity theft when he or she know- 18 ingly and with intent to defraud assumes the identity of another person 19 by presenting himself or herself as that other person, or by acting as 20 that other person or by using personal identifying information of that 21 other person, and knows that such person is a member of the armed forc- 22 es, and knows that such member is presently deployed outside of the 23 continental United States or knows that such person is a vulnerable 24 elderly person or a physically disabled person as such terms are defined 25 in section 260.31 of this chapter and: 26 1. thereby obtains goods, money, property or services or uses credit 27 in the name of such [member of the armed forces] individual in an aggre- 28 gate amount that exceeds five hundred dollars; or 29 2. thereby causes financial loss to such [member of the armed forces] 30 individual in an aggregate amount that exceeds five hundred dollars. 31 Aggravated identity theft is a class D felony. 32 § 28. Sections 190.85 and 190.86 of the penal law, as added by chapter 33 279 of the laws of 2008, are amended to read as follows: 34 § 190.85 [Unlawful] Criminal possession of a skimmer device in the 35 second degree. 36 1. A person is guilty of [unlawful] criminal possession of a skimmer 37 device in the second degree when he or she possesses a skimmer device 38 with the intent that such device be used in furtherance of the commis- 39 sion of the crime of identity theft [or unlawful possession of personal40identification information] as defined in this article, larceny as 41 defined in article one hundred fifty-five of this chapter; or criminal 42 possession of stolen property as defined in article one hundred sixty- 43 five of this chapter. 44 2. For purposes of this article, "skimmer device" means a device 45 designed or adapted to obtain personal identifying information from a 46 credit card, debit card, public benefit card, access card or device, or 47 other card or device that contains personal identifying information. 48 [Unlawful] Criminal possession of a skimmer device in the second 49 degree is a class [A misdemeanor] D felony. 50 § 190.86 [Unlawful] Criminal possession of a skimmer device in the first 51 degree. 52 A person is guilty of [unlawful] criminal possession of a skimmer 53 device in the first degree when he or she commits the crime of [unlaw-54ful] criminal possession of a skimmer device in the second degree and he 55 or she has been previously convicted within the last [five years of56identity theft in the third degree as defined in section 190.78, identi-S. 2406 13 1ty theft in the second degree as defined in section 190.79, identity2theft in the first degree as defined in section 190.80, unlawful3possession of personal identification information in the third degree as4defined in section 190.81, unlawful possession of personal identifica-5tion information in the second degree as defined in section 190.82,6unlawful possession of personal identification information in the first7degree as defined in section 190.83, unlawful possession of a skimmer8device in the second degree as defined in section 190.85, unlawful9possession of a skimmer device in the first degree as defined in this10section, grand larceny in the fourth degree as defined in section11155.30, grand larceny in the third degree as defined in section 155.35,12grand larceny in the second degree as defined in section 155.40 or grand13larceny in the first degree as defined in section 155.42 of this chap-14ter] ten years, excluding any time during which such person was incar- 15 cerated for any reason, for any crime in this article or article one 16 hundred seventy of this chapter, or of any larceny crime as defined in 17 article one hundred fifty-five of this chapter, or of any criminal 18 possession of stolen property crime as defined in article one hundred 19 sixty-five of this chapter. 20 [Unlawful] Criminal possession of a skimmer device in the first degree 21 is a class [E] C felony. 22 § 29. Paragraph (l) of subdivision 4 of section 20.40 of the criminal 23 procedure law, as amended by section 3 of subpart C of part C of chapter 24 97 of the laws of 2011, is amended to read as follows: 25 (l) An offense of identity theft, larceny, criminal possession of 26 stolen property, or unlawful possession of personal identifying informa- 27 tion, in which the property stolen or criminally possessed is personal 28 identifying information or computer data or computer program, and all 29 criminal acts committed as part of the same criminal transaction as 30 defined in subdivision two of section 40.10 of this chapter may be pros- 31 ecuted (i) in any county in which part of the offense took place regard- 32 less of whether the defendant was actually present in such county, or 33 (ii) in the county in which the person who suffers financial loss 34 resided at the time of the commission of the offense, or (iii) in the 35 county where the person whose personal identifying information was used 36 in the commission of the offense resided at the time of the commission 37 of the offense. The law enforcement agency of any such county shall take 38 a police report of the matter and provide the complainant with a copy of 39 such report at no charge. 40 § 30. Subdivision 2 of section 690.05 of the criminal procedure law, 41 as amended by chapter 504 of the laws of 1991, the opening paragraph as 42 amended by chapter 424 of the laws of 1998, is amended to read as 43 follows: 44 2. A search warrant is a court order and process directing a police 45 officer, district attorney or other public servant of the kind described 46 in subdivision one of this section, to conduct: 47 (a) a search of designated premises, or of a designated vehicle, or of 48 a designated person, or of an electronic communication service or remote 49 computing service, for the purpose of seizing designated property or 50 kinds of property, and to deliver any property so obtained to the court 51 which issued the warrant; or 52 (b) a search of a designated premises for the purpose of searching for 53 and arresting a person who is the subject of: (i) a warrant of arrest 54 issued pursuant to this chapter, a superior court warrant of arrest 55 issued pursuant to this chapter, or a bench warrant for a felony issuedS. 2406 14 1 pursuant to this chapter, where the designated premises is the dwelling 2 of a third party who is not the subject of the arrest warrant; or 3 (ii) a warrant of arrest issued by any other state or federal court 4 for an offense which would constitute a felony under the laws of this 5 state, where the designated premises is the dwelling of a third party 6 who is not the subject of the arrest warrant. 7 As used in this section, the term "electronic communications service" 8 means any service which provides to users thereof the ability to send or 9 receive wire or electronic communications. "Remote computing service" 10 means any service which provides to users thereof computer storage or 11 processing services by means of an electronic communications system. The 12 terms "electronic communication service" and "remote computing service" 13 shall be construed in accordance with the Electronic Communications 14 Privacy Act in Chapter 121 (commencing with Section 2701) of Part I of 15 Title 18 of the United State Code Annotated. This section shall not 16 apply to corporations that do not provide those services to the general 17 public. 18 § 31. Subdivision 1 of section 690.15 of the criminal procedure law is 19 amended to read as follows: 20 1. A search warrant must direct a search of one or more of the 21 following: 22 (a) A designated or described place or premises; 23 (b) A designated or described vehicle, as that term is defined in 24 section 10.00 of the penal law; 25 (c) A designated or described person[.]; 26 (d) A designated or described electronic communication service or 27 remote computing service. 28 § 32. Section 690.20 of the criminal procedure law is amended by 29 adding a new subdivision 3 to read as follows: 30 3. The provisions of subdivision one of this section to the contrary 31 notwithstanding, a search warrant directing the search of a designated 32 or described electronic communication service or remote computing 33 service, may be executed on any company, corporation or entity which is 34 headquartered or located outside of the state of New York, and which 35 conducts its regular business in New York or that offers its services to 36 residents of New York. Service on any such electronic communication 37 service or remote computing service entity may be made by personal 38 delivery within the state, by registered or certified mail. Service may 39 also be made by facsimile or other electronic means if the service is 40 accompanied with a certification from the sender that such sender is a 41 police officer, district attorney or other public servant specified in 42 subdivision one of section 690.05 of this article. If an entity shall 43 refuse such service, then such police officer, district attorney or 44 other public servant located within the jurisdiction in which the elec- 45 tronic communication service or remote computing service entity is 46 located may serve the warrant upon such entity. A search warrant issued 47 pursuant to this subdivision shall be limited in scope to the designated 48 or described electronic records or data, either in paper or electronic 49 form, that are made, kept, or maintained by the electronic communication 50 service or remote computing service, and shall not include any other 51 physical or tangible items. Any electronic records or data responsive to 52 a search warrant issued pursuant to this subdivision shall be admitted 53 into evidence before the grand jury or at trial in accord with the rules 54 and laws of New York state. 55 § 33. Section 690.30 of the criminal procedure law is amended by 56 adding a new subdivision 3 to read as follows:S. 2406 15 1 3. Any provision of subdivision one of this section to the contrary 2 notwithstanding, a search warrant that is issued pursuant to subdivision 3 three of section 690.20 of this article is deemed executed at the time 4 that service is made upon the electronic communication service or remote 5 computing service entity pursuant to such subdivision. 6 § 34. Section 496.06 of the penal law, as added by section 14 of 7 subpart A of part H of chapter 55 of the laws of 2014, is amended to 8 read as follows: 9 § 496.06 Public corruption. 10 1. A person commits the crime of public corruption when: (a) (i) being 11 a public servant he or she commits a specified offense through the use 12 of his or her public office, or (ii) being a person acting in concert 13 with such public servant he or she commits a specified offense, and (b) 14 the state or any political subdivision thereof or any governmental 15 instrumentality within the state is the owner of the property. 16 2. A "specified offense" is an offense defined by any of the following 17 provisions of this chapter: section 155.25 (petit larceny); section 18 155.30 (grand larceny in the fourth degree); section 155.35 (grand 19 larceny in the third degree); section 155.40 (grand larceny in the 20 second degree); section 155.42 (grand larceny in the first degree); 21 section 190.60 (scheme to defraud in the [second] fifth degree); section 22 190.62 (scheme to defraud in the fourth degree); section 190.63 (scheme 23 to defraud in the third degree); section 190.64 (scheme to defraud in 24 the second degree); or section 190.65 (scheme to defraud in the first 25 degree). 26 § 35. Section 190.77 of the penal law, as amended by chapter 226 of 27 the laws of 2008, subdivision 1 as separately amended by chapter 279 of 28 the laws of 2008, is amended to read as follows: 29 § 190.77 Offenses involving theft of identity; definitions. 30 1. For the purposes of sections 190.78, 190.79, 190.80 [and], 31 190.80-a, 190.80-b, 190.80-c and 190.85 of this article "personal iden- 32 tifying information" means a person's name, address, telephone number, 33 date of birth, driver's license number, social security number, place of 34 employment, mother's maiden name, financial services account number or 35 code, savings account number or code, checking account number or code, 36 brokerage account number or code, credit card account number or code, 37 debit card number or code, automated teller machine number or code, 38 taxpayer identification number, computer system password, signature or 39 copy of a signature, electronic signature, unique biometric data that is 40 a fingerprint, voice print, retinal image or iris image of another 41 person, telephone calling card number, mobile identification number or 42 code, electronic serial number or personal identification number, or any 43 other name, number, code or information that may be used alone or in 44 conjunction with other such information to assume the identity of anoth- 45 er person. 46 2. For the purposes of sections 190.78, 190.79, 190.80, 190.80-a, 47 190.80-b, 190.80-c, 190.81, 190.82 and 190.83 of this article: 48 a. "electronic signature" shall have the same meaning as defined in 49 subdivision three of section three hundred two of the state technology 50 law. 51 b. "personal identification number" means any number or code which may 52 be used alone or in conjunction with any other information to assume the 53 identity of another person or access financial resources or credit of 54 another person. 55 c. "member of the armed forces" shall mean a person in the military 56 service of the United States or the military service of the state,S. 2406 16 1 including but not limited to, the armed forces of the United States, the 2 army national guard, the air national guard, the New York naval militia, 3 the New York guard, and such additional forces as may be created by the 4 federal or state government as authorized by law. 5 § 36. Subdivision 2 of section 190.83 of the penal law, as separately 6 amended by chapters 226 and 279 of the laws of 2008, is amended to read 7 as follows: 8 2. he or she has been previously convicted within the last five years 9 of identity theft in the third degree as defined in section [190.78] 10 190.80, identity theft in the second degree as defined in section 11 [190.79] 190.80-a, identity theft in the first degree as defined in 12 section [190.80] 190.80-b, unlawful possession of personal identifica- 13 tion information in the third degree as defined in section 190.81, 14 unlawful possession of personal identification information in the second 15 degree as defined in section 190.82, unlawful possession of personal 16 identification information in the first degree as defined in this 17 section, [unlawful] criminal possession of a skimmer device in the 18 second degree as defined in section 190.85, [unlawful] criminal 19 possession of a skimmer device in the first degree as defined in section 20 190.86, grand larceny in the fourth degree as defined in section 155.30, 21 grand larceny in the third degree as defined in section 155.35, grand 22 larceny in the second degree as defined in section 155.40 or grand 23 larceny in the first degree as defined in section 155.42 of this chap- 24 ter; or 25 § 37. Paragraph (s) of subdivision 8 of section 700.05 of the criminal 26 procedure law, as added by chapter 619 of the laws of 2002, is amended 27 to read as follows: 28 (s) Identity theft in the second degree, as defined in section 29 [190.79] 190.80-a of the penal law, identity theft in the first degree, 30 as defined in section [190.80] 190.80-b of the penal law, unlawful 31 possession of personal identification information in the second degree, 32 as defined in section 190.82 of the penal law, and unlawful possession 33 of personal identification information in the first degree, as defined 34 in section 190.83 of the penal law. 35 § 38. Paragraph (a) of subdivision 3 of section 490.05 of the penal 36 law, as amended by section 7 of part A of chapter 1 of the laws of 2004, 37 is amended to read as follows: 38 (a) "Specified offense" for purposes of this article means a class A 39 felony offense other than an offense as defined in article two hundred 40 twenty, a violent felony offense as defined in section 70.02, 41 manslaughter in the second degree as defined in section 125.15, criminal 42 tampering in the first degree as defined in section 145.20, identity 43 theft in the second degree as defined in section [190.79] 190.80-a, 44 identity theft in the first degree as defined in section [190.80] 45 190.80-b, unlawful possession of personal identification information in 46 the second degree as defined in section 190.82, unlawful possession of 47 personal identification information in the first degree as defined in 48 section 190.83, money laundering in support of terrorism in the fourth 49 degree as defined in section 470.21, money laundering in support of 50 terrorism in the third degree as defined in section 470.22, money laun- 51 dering in support of terrorism in the second degree as defined in 52 section 470.23, money laundering in support of terrorism in the first 53 degree as defined in section 470.24 of this chapter, and includes an 54 attempt or conspiracy to commit any such offense. 55 § 39. Subdivision 1 and paragraph (b) of subdivision 4 of section 56 60.27 of the penal law, subdivision 1 as amended by chapter 279 of theS. 2406 17 1 laws of 2008, and paragraph (b) of subdivision 4 as amended by chapter 2 313 of the laws of 2011, are amended to read as follows: 3 1. In addition to any of the dispositions authorized by this article, 4 the court shall consider restitution or reparation to the victim of the 5 crime and may require restitution or reparation as part of the sentence 6 imposed upon a person convicted of an offense, and after providing the 7 district attorney with an opportunity to be heard in accordance with the 8 provisions of this subdivision, require the defendant to make restitu- 9 tion of the fruits of his or her offense or reparation for the actual 10 out-of-pocket loss caused thereby and, in the case of a violation of 11 section 190.78, 190.79, 190.80, 190.80-a, 190.80-b, 190.82 or 190.83 of 12 this chapter, any costs or losses incurred due to any adverse action 13 taken against the victim. The district attorney shall where appropriate, 14 advise the court at or before the time of sentencing that the victim 15 seeks restitution or reparation, the extent of injury or economic loss 16 or damage of the victim, and the amount of restitution or reparation 17 sought by the victim in accordance with his or her responsibilities 18 under subdivision two of section 390.50 of the criminal procedure law 19 and article twenty-three of the executive law. The court shall hear and 20 consider the information presented by the district attorney in this 21 regard. In that event, or when the victim impact statement reports that 22 the victim seeks restitution or reparation, the court shall require, 23 unless the interests of justice dictate otherwise, in addition to any of 24 the dispositions authorized by this article that the defendant make 25 restitution of the fruits of the offense and reparation for the actual 26 out-of-pocket loss and, in the case of a violation of section 190.78, 27 190.79, 190.80, 190.82 or 190.83 of this chapter, any costs or losses 28 incurred due to any adverse action, caused thereby to the victim. In the 29 event that restitution or reparation are not ordered, the court shall 30 clearly state its reasons on the record. Adverse action as used in this 31 subdivision shall mean and include actual loss incurred by the victim, 32 including an amount equal to the value of the time reasonably spent by 33 the victim attempting to remediate the harm incurred by the victim from 34 the offense, and the consequential financial losses from such action. 35 (b) the term "victim" shall include the victim of the offense, the 36 representative of a crime victim as defined in subdivision six of 37 section six hundred twenty-one of the executive law, an individual whose 38 identity was assumed or whose personal identifying information was used 39 in violation of section 190.78, 190.79 [or], 190.80, 190.80-a or 40 190.80-b of this chapter, or any person who has suffered a financial 41 loss as a direct result of the acts of a defendant in violation of 42 section 190.78, 190.79, 190.80, 190.80-a, 190.80-b, 190.82 or 190.83 of 43 this chapter, a good samaritan as defined in section six hundred twen- 44 ty-one of the executive law and the office of victim services or other 45 governmental agency that has received an application for or has provided 46 financial assistance or compensation to the victim. A victim shall also 47 mean any owner or lawful producer of a master recording, or a trade 48 association that represents such owner or lawful producer, that has 49 suffered injury as a result of an offense as defined in article two 50 hundred seventy-five of this chapter. 51 § 40. This act shall take effect immediately.
