Bill Text: NY S03406 | 2015-2016 | General Assembly | Amended

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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) 2016-05-03 - referred to codes [S03406 Detail]

Download: New_York-2015-S03406-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3406
                               2015-2016 Regular Sessions
                    IN SENATE
                                    February 6, 2015
                                       ___________
        Introduced by Sens. CROCI, GOLDEN -- read twice and ordered printed, and
          when printed to be committed to the Committee on Rules
        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
    25  data or computer program causes financial harm to another person,  part-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09035-01-5