Assembly Bill A2785

2017-2018 Legislative Session

Creates specific computer crimes as well as increasing penalties for crimes committed with the aid of a computer

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A2785 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd Pen L, generally; amd §§200.50 & 700.05, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2065
2011-2012: A1990, A9152
2013-2014: A212
2015-2016: A955
2019-2020: A2124

2017-A2785 (ACTIVE) - Summary

Creates specific computer crimes as well as increasing penalties for crimes committed with the aid of a computer; provides for civil relief in cases of pornography on the internet, and penal sanctions in such cases.

2017-A2785 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2785
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced  by  M.  of  A. M. G. MILLER -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
   relation to computer crimes and obscenities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The penal law is amended by adding two new sections  156.41
 and 156.42 to read as follows:
 § 156.41 CRIMINAL USE OF ENCRYPTION IN THE SECOND DEGREE.
   A  PERSON IS GUILTY OF CRIMINAL USE OF ENCRYPTION IN THE SECOND DEGREE
 WHEN HE OR SHE INTENTIONALLY USES OR ATTEMPTS TO USE ENCRYPTION TO:
   1. COMMIT, FURTHER,  FACILITATE  OR  PROMOTE  CONDUCT  CONSTITUTING  A
 CRIME;
   2. CONCEAL THE COMMISSION OF ANY CRIME;
   3.  CONCEAL  OR PROTECT THE IDENTITY OF A PERSON WHO HAS COMMITTED ANY
 CRIME; OR
   4. PREVENT, IMPEDE, DELAY OR DISRUPT THE NORMAL OPERATION OR USE OF  A
 COMPUTER, COMPUTER PROGRAM OR COMPUTER SYSTEM.
   CRIMINAL USE OF ENCRYPTION IN THE SECOND DEGREE IS A CLASS A MISDEMEA-
 NOR.
 § 156.42 CRIMINAL USE OF ENCRYPTION IN THE FIRST DEGREE.
   A  PERSON  IS GUILTY OF CRIMINAL USE OF ENCRYPTION IN THE FIRST DEGREE
 WHEN HE OR SHE COMMITS THE CRIME OF CRIMINAL USE OF  ENCRYPTION  IN  THE
 SECOND DEGREE AND HE OR SHE:
   1.  DOES  SO  WITH AN INTENT TO COMMIT OR ATTEMPT TO COMMIT OR FURTHER
 THE COMMISSION OF A FELONY;
   2. DOES SO WITH AN INTENT TO CONCEAL THE COMMISSION OF ANY FELONY;
   3. DOES SO WITH THE INTENT TO PROTECT THE IDENTITY OF A PERSON WHO HAS
 COMMITTED ANY FELONY; OR
   4. HAS BEEN PREVIOUSLY CONVICTED OF ANY CRIME UNDER THIS ARTICLE.
   CRIMINAL USE OF ENCRYPTION IN THE FIRST DEGREE IS A CLASS E FELONY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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