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Assembly Bill A10324A

2011-2012 Legislative Session

Creates the crime of criminal practices with an access device

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2011-A10324 - Details

See Senate Version of this Bill:
S6954
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §165.21, Pen L
Versions Introduced in 2013-2014 Legislative Session:
A4273, S2927

2011-A10324 - Summary

Creates the crime of criminal practices with an access device.

2011-A10324 - Bill Text download pdf 

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

                                  10324

                          I N  A S S E M B L Y

                              May 22, 2012
                               ___________

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

AN  ACT to amend the general business law and the penal law, in relation
  to creating the crime of criminal practices with an access device

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

  Section  1.    The  general  business  law  is amended by adding a new
section 520-d to read as follows:
  S 520-D. CRIMINAL PRACTICES WITH AN ACCESS DEVICE.   1.  A  PERSON  IS
GUILTY OF CRIMINAL PRACTICES WITH AN ACCESS DEVICE WHEN HE OR SHE:
  (A)  KNOWINGLY  AND WITH INTENT TO DEFRAUD PRODUCES, USES, OR TRAFFICS
IN ONE OR MORE COUNTERFEIT ACCESS DEVICE; OR
  (B) KNOWINGLY AND WITH INTENT TO DEFRAUD TRAFFICS IN OR  USES  ONE  OR
MORE UNAUTHORIZED DEVICE DURING ANY ONE-YEAR PERIOD, AND BY SUCH CONDUCT
OBTAINS  ANYTHING  OF  VALUE  AGGREGATING  ONE  THOUSAND DOLLARS OR MORE
DURING THAT PERIOD; OR
  (C) KNOWINGLY AND WITH INTENT TO DEFRAUD  POSSESSES  FIFTEEN  OR  MORE
DEVICES WHICH ARE COUNTERFEIT OR UNAUTHORIZED ACCESS DEVICES; OR
  (D)  KNOWINGLY  AND  WITH INTENT TO DEFRAUD PRODUCES, TRAFFICS IN, HAS
CONTROL OR CUSTODY OF, OR POSSESSES DEVICE-MAKING EQUIPMENT; OR
  (E) KNOWINGLY AND WITH INTENT TO DEFRAUD EFFECTS TRANSACTIONS WITH ONE
OR MORE ACCESS DEVICES ISSUED TO ANOTHER  PERSON  OR  PERSONS  AND  USED
WITHOUT  THE  CONSENT  OF  SUCH  PERSON, TO RECEIVE PAYMENT OR ANY OTHER
THING OF VALUE DURING ANY ONE-YEAR PERIOD THE AGGREGATE VALUE  OF  WHICH
IS EQUAL TO OR GREATER THAN ONE THOUSAND DOLLARS; OR
  (F) WITHOUT THE AUTHORIZATION OF THE ISSUER OF THE ACCESS DEVICE KNOW-
INGLY AND WITH INTENT TO DEFRAUD SOLICITS A PERSON FOR THE PURPOSE OF:
  (I) OFFERING AN ACCESS DEVICE; OR
  (II)  SELLING  INFORMATION  REGARDING  OR  AN APPLICATION TO OBTAIN AN
ACCESS DEVICE.
  2. CRIMINAL PRACTICES WITH AN ACCESS DEVICE IS A CLASS B MISDEMEANOR.
  S 2. The penal law is amended by adding a new section 165.21  to  read
as follows:
S 165.21 CRIMINAL PRACTICES WITH AN ACCESS DEVICE.

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

co-Sponsors

multi-Sponsors

2011-A10324A (ACTIVE) - Details

See Senate Version of this Bill:
S6954
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §165.21, Pen L
Versions Introduced in 2013-2014 Legislative Session:
A4273, S2927

2011-A10324A (ACTIVE) - Summary

Creates the crime of criminal practices with an access device.

2011-A10324A (ACTIVE) - Bill Text download pdf 

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

                                10324--A

                          I N  A S S E M B L Y

                              May 22, 2012
                               ___________

Introduced  by M. of A. CUSICK, TITONE, SCARBOROUGH, P. RIVERA, GUNTHER,
  MAGNARELLI, CRESPO, ZEBROWSKI, COLTON, WEPRIN -- Multi-Sponsored by --
  M. of A.  BRENNAN, CLARK, GIBSON, MAGEE, REILLY,  SIMANOWITZ  --  read
  once  and  referred to the Committee on Codes -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT  to  amend  the  penal law, in relation to creating the crime of
  criminal practices with an access device

  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 165.21 to
read as follows:
S 165.21 CRIMINAL PRACTICES WITH AN ACCESS DEVICE.
  1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION THE  FOLLOWING  TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  "ACCESS  DEVICE" SHALL MEAN ANY CARD, INCLUDING GIFT CARD, PLATE,
CODE, INCLUDING UNIVERSAL PRICE CODE LABEL, ACCOUNT  NUMBER,  ELECTRONIC
SERIAL  NUMBER,  MOBILE  IDENTIFICATION  NUMBER, PERSONAL IDENTIFICATION
NUMBER, OR OTHER TELECOMMUNICATIONS SERVICE,  EQUIPMENT,  OR  INSTRUMENT
IDENTIFIER,  INCLUDING  A RADIO FREQUENCY IDENTIFICATION TRANSPONDER, OR
OTHER MEANS OF ACCOUNT ACCESS THAT CAN BE USED, ALONE OR IN  CONJUNCTION
WITH  ANOTHER  ACCESS  DEVICE,  TO OBTAIN MONEY, GOODS, SERVICES, OR ANY
OTHER THING OF VALUE, OR THAT CAN BE USED  TO  INITIATE  A  TRANSFER  OF
FUNDS (OTHER THAN A TRANSFER ORIGINATED SOLELY BY PAPER INSTRUMENT);
  (B)  "COUNTERFEIT  ACCESS DEVICE" SHALL MEAN ANY ACCESS DEVICE THAT IS
COUNTERFEIT, FICTITIOUS, ALTERED, OR FORGED, OR AN  IDENTIFIABLE  COMPO-
NENT OF AN ACCESS DEVICE OR A COUNTERFEIT ACCESS DEVICE;
  (C)  "UNAUTHORIZED ACCESS DEVICE" SHALL MEAN ANY ACCESS DEVICE THAT IS
LOST, STOLEN, EXPIRED, REVOKED, CANCELED, OR  OBTAINED  WITH  INTENT  TO
DEFRAUD;
  (D)  "PRODUCE"  SHALL  MEAN DESIGN, ALTER, AUTHENTICATE, DUPLICATE, OR
ASSEMBLE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15090-07-2

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