Bill Text: NY S04374 | 2011-2012 | General Assembly | Introduced

New York Senate Bill 4374 (Prior Session Legislation)

Introduced

Bill Title: Establishes the crimes of possession of a counterfeit trademark in the first, second and third degrees.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CODES [S04374 Detail]

Download: New_York-2011-S04374-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4374
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    March 31, 2011
                                      ___________
       Introduced  by  Sen.  LANZA  -- 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 establishing the crimes of
         possession of a counterfeit trademark in the first, second  and  third
         degrees
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The penal law is  amended  by  adding  three  new  sections
    2  165.75, 165.76 and 165.77 to read as follows:
    3  S 165.75 POSSESSION OF A COUNTERFEIT TRADEMARK IN THE THIRD DEGREE.
    4    A  PERSON  IS  GUILTY  OF POSSESSION OF A COUNTERFEIT TRADEMARK IN THE
    5  THIRD DEGREE WHEN, WITH THE INTENT TO  DECEIVE  OR  DEFRAUD  SOME  OTHER
    6  PERSON  OR  WITH  THE  INTENT TO EVADE A LAWFUL RESTRICTION ON THE SALE,
    7  RESALE, OFFERING FOR SALE, OR DISTRIBUTION OF GOODS, HE OR SHE POSSESSES
    8  A COUNTERFEIT TRADEMARK KNOWING IT TO BE COUNTERFEIT FOR THE PURPOSE  OF
    9  AFFIXING IT TO ANY GOODS.
   10    POSSESSION OF A COUNTERFEIT TRADEMARK IN THE THIRD DEGREE IS A CLASS A
   11  MISDEMEANOR.
   12  S 165.76 POSSESSION OF A COUNTERFEIT TRADEMARK IN THE SECOND DEGREE.
   13    A  PERSON  IS  GUILTY  OF POSSESSION OF A COUNTERFEIT TRADEMARK IN THE
   14  SECOND DEGREE WHEN, WITH THE INTENT TO DECEIVE  OR  DEFRAUD  SOME  OTHER
   15  PERSON  OR  WITH  THE  INTENT TO EVADE A LAWFUL RESTRICTION ON THE SALE,
   16  RESALE, OFFERING FOR SALE, OR DISTRIBUTION OF GOODS, HE OR SHE POSSESSES
   17  MORE THAN ONE HUNDRED COUNTERFEIT TRADEMARKS KNOWING THEM TO BE COUNTER-
   18  FEIT FOR THE PURPOSE OF AFFIXING THEM TO ANY GOODS.
   19    POSSESSION OF A COUNTERFEIT TRADEMARK IN THE SECOND DEGREE IS A  CLASS
   20  E FELONY.
   21  S 165.77 POSSESSION OF A COUNTERFEIT TRADEMARK IN THE FIRST DEGREE.
   22    A  PERSON  IS  GUILTY  OF POSSESSION OF A COUNTERFEIT TRADEMARK IN THE
   23  FIRST DEGREE WHEN, WITH THE INTENT TO  DECEIVE  OR  DEFRAUD  SOME  OTHER
   24  PERSON  OR  WITH  THE  INTENT TO EVADE A LAWFUL RESTRICTION ON THE SALE,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05052-01-1
       S. 4374                             2
    1  RESALE, OFFERING FOR SALE, OR DISTRIBUTION OF GOODS, HE OR SHE POSSESSES
    2  MORE THAN ONE THOUSAND COUNTERFEIT TRADEMARKS KNOWING THEM TO  BE  COUN-
    3  TERFEIT FOR THE PURPOSE OF AFFIXING THEM TO ANY GOODS.
    4    POSSESSION OF A COUNTERFEIT TRADEMARK IN THE FIRST DEGREE IS A CLASS C
    5  FELONY.
    6    S 2. This act shall take effect on the first of November next succeed-
    7  ing the date on which it shall have become a law.