Assembly Bill A3382

2009-2010 Legislative Session

Expands the scope of the crime of trademark counterfeiting in the first degree

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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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2009-A3382 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง165.73, Pen L

2009-A3382 (ACTIVE) - Summary

Expands the scope of the crime of trademark counterfeiting in the first degree to include persons who sell goods bearing a counterfeit trademark and such goods contain a representation regarding their safety and persons who were previously convicted of trademark counterfeiting in the first, second or third degree in the preceding ten years.

2009-A3382 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3382

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on Codes

AN  ACT  to amend the penal law, in relation to trademark counterfeiting
  in the first degree

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 165.73 of the penal law, as amended by chapter 535
of the laws of 1995, is amended to read as follows:
S 165.73 Trademark counterfeiting in the first degree.
  A person is guilty of trademark counterfeiting  in  the  first  degree
when,  with  the intent to deceive or defraud some other person, or with
the intent to evade a lawful restriction on the sale,  resale,  offering
for sale, or distribution of goods, he or she manufactures, distributes,
sells,  or  offers for sale goods which bear a counterfeit trademark, or
possesses a trademark knowing it to be counterfeit for  the  purpose  of
affixing it to any goods, and:
  1. SUCH GOODS CONTAIN A REPRESENTATION REGARDING THEIR SAFETY; OR
  2.  the  retail value of all such goods bearing counterfeit trademarks
exceeds one hundred thousand dollars; OR
  3. THE PERSON HAS PREVIOUSLY BEEN CONVICTED OF TRADEMARK  COUNTERFEIT-
ING IN THE FIRST, SECOND OR THIRD DEGREE WITHIN THE PRECEDING TEN YEARS.
  Trademark counterfeiting in the first degree is a class C felony.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06876-01-9

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