S T A T E O F N E W Y O R K
________________________________________________________________________
2770
2009-2010 Regular Sessions
I N A S S E M B L Y
January 21, 2009
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Introduced by M. of A. KOLB, ERRIGO, BURLING, BARCLAY, WALKER, McKEVITT,
P. LOPEZ -- Multi-Sponsored by -- M. of A. AMEDORE, BACALLES, BALL,
CONTE, DUPREY, GIGLIO, MILLER, MOLINARO, OAKS, RABBITT, RAIA, THIELE,
TOWNSEND -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to creating the crime of
cyberterrorism and calculating damages caused by computer tampering
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 a new section 490.28 to
read as follows:
S 490.28 CRIME OF CYBERTERRORISM.
1. AN INDIVIDUAL IS GUILTY OF THE CRIME OF CYBERTERRORISM WHEN HE OR
SHE:
(A) WITH THE INTENT TO INTIMIDATE OR COERCE A CIVILIAN POPULATION,
INFLUENCE THE POLICY OF A UNIT OF GOVERNMENT BY INTIMIDATION OR COER-
CION, OR AFFECT THE CONDUCT OF A UNIT OF GOVERNMENT, COMMITS ANY OF THE
CRIMES CONTAINED WITHIN ARTICLE ONE HUNDRED FIFTY-SIX OF THIS CHAPTER;
OR
(B) WITH THE INTENT TO INTIMIDATE OR COERCE A CIVILIAN POPULATION,
INFLUENCE THE POLICY OF A UNIT OF GOVERNMENT BY INTIMIDATION OR COER-
CION, OR AFFECT THE CONDUCT OF A UNIT OF GOVERNMENT, COMMITS A DENIAL OF
SERVICE ATTACK AGAINST ANY COMPUTER NETWORK ADMINISTERED OR OPERATED BY
A LOCAL, STATE OR FEDERAL GOVERNMENT ENTITY, ANY UTILITY (INCLUDING
ELECTRICITY OR WATER) OR A FINANCIAL INSTITUTION.
2. FOR THE PURPOSE OF THIS SECTION "DENIAL OF SERVICE ATTACK" MEANS
PREVENTING AUTHORIZED ACCESS TO COMPUTER RESOURCES OR DELAYING TIME
CRITICAL COMPUTER OPERATIONS BY INUNDATING OR OTHERWISE OVERLOADING A
COMPUTER NETWORK, OR ATTEMPTING TO INUNDATE OR OTHERWISE OVERLOAD A
COMPUTER SERVICE.
CRIME OF CYBERTERRORISM IS A CLASS B FELONY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03693-01-9
A. 2770 2
S 2. Subdivision 4 of section 156.25 of the penal law, as amended by
chapter 89 of the laws of 1993, is amended to read as follows:
4. he OR SHE intentionally alters in any manner or destroys computer
data or a computer program so as to cause damages, TO THE COMPUTER
TAMPERED WITH OR TO ANY OTHER COMPUTER AFFECTED BY THE TAMPERING, in an
aggregate amount exceeding one thousand dollars.
S 3. Subdivision 1 of section 156.26 and section 156.27 of the penal
law, subdivision 1 of section 156.26 as amended by chapter 590 of the
laws of 2008 and section 156.27 as added by chapter 89 of the laws of
1993, are amended to read as follows:
1. computer data or a computer program so as to cause damages, TO THE
COMPUTER TAMPERED WITH OR TO ANY OTHER COMPUTER AFFECTED BY THE TAMPER-
ING, in an aggregate amount exceeding three thousand dollars; or
S 156.27 Computer tampering in the first degree.
A person is guilty of computer tampering in the first degree when he
OR SHE commits the crime of computer tampering in the fourth degree and
he OR SHE intentionally alters in any manner or destroys computer data
or a computer program so as to cause damages, TO THE COMPUTER TAMPERED
WITH OR TO ANY OTHER COMPUTER AFFECTED BY THE TAMPERING, in an aggregate
amount exceeding fifty thousand dollars.
Computer tampering in the first degree is a class C felony.
S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.