S T A T E O F N E W Y O R K
________________________________________________________________________
6955--A
I N S E N A T E
April 16, 2012
___________
Introduced by Sen. ZELDIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the general business law and the penal law, in relation
to creating a crime of retail sales receipt fraud or universal product
code fraud
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 three new
sections 393-e, 393-f and 393-g to read as follows:
S 393-E. RETAIL SALES RECEIPT FRAUD OR UNIVERSAL PRODUCT CODE FRAUD IN
THE SECOND DEGREE. A PERSON IS GUILTY OF RETAIL SALES RECEIPT FRAUD OR
UNIVERSAL PRODUCT CODE FRAUD IN THE SECOND DEGREE WHEN, WITH INTENT TO
DECEIVE OR DEFRAUD A PERSON OR PERSONS ENGAGED IN THE RETAIL SALE OF
GOODS OR SERVICES, HE OR SHE USES, TRANSFERS, MAKES, ALTERS, COUNTER-
FEITS OR REPRODUCES A RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT CODE
KNOWING SUCH TO BE COUNTERFEIT.
RETAIL SALES RECEIPT FRAUD OR UNIVERSAL PRODUCT CODE FRAUD IN THE
SECOND DEGREE IS A CLASS A MISDEMEANOR.
S 393-F. RETAIL SALES RECEIPT FRAUD OR UNIVERSAL PRODUCT CODE FRAUD IN
THE FIRST DEGREE. A PERSON IS GUILTY OF RETAIL SALES RECEIPT FRAUD OR
UNIVERSAL PRODUCT CODE FRAUD IN THE FIRST DEGREE WHEN, WITH INTENT TO
DECEIVE OR DEFRAUD A PERSON OR PERSONS ENGAGED IN THE RETAIL SALE OF
GOODS OR SERVICES, HE OR SHE USES, TRANSFERS, MAKES, ALTERS, COUNTER-
FEITS OR REPRODUCES FIFTEEN OR MORE RETAIL SALES RECEIPTS OR UNIVERSAL
PRODUCT CODES OR COMBINATION THEREOF KNOWING SUCH TO BE COUNTERFEIT.
RETAIL SALES RECEIPT FRAUD OR UNIVERSAL PRODUCT CODE FRAUD IN THE
FIRST DEGREE IS A CLASS E FELONY.
S 393-G. POSSESSION OF A FRAUDULENT RETAIL SALES RECEIPT OR UNIVERSAL
PRODUCT CODE MANUFACTURING DEVICE. A PERSON IS GUILTY OF POSSESSION OF
A FRAUDULENT RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT CODE MANUFACTUR-
ING DEVICE WHEN, WITH INTENT TO DECEIVE OR DEFRAUD A PERSON OR PERSON
ENGAGED IN THE RETAIL SALE OF GOODS OR SERVICES, HE OR SHE POSSESSES A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15279-03-2
S. 6955--A 2
DEVICE THAT MANUFACTURES FRAUDULENT RETAIL SALES RECEIPTS OR UNIVERSAL
PRODUCT CODE LABELS.
POSSESSION OF A FRAUDULENT RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT
CODE MANUFACTURING DEVICE IS A CLASS E FELONY.
S 2. The penal law is amended by adding three new sections 165.80,
165.81 and 165.82 to read as follows:
S 165.80 RETAIL SALES RECEIPT FRAUD OR UNIVERSAL PRODUCT CODE FRAUD IN
THE SECOND DEGREE.
A PERSON IS GUILTY OF RETAIL SALES RECEIPT FRAUD OR UNIVERSAL PRODUCT
CODE FRAUD IN THE SECOND DEGREE WHEN, WITH INTENT TO DECEIVE OR DEFRAUD
A PERSON OR PERSONS ENGAGED IN THE RETAIL SALE OF GOODS OR SERVICES, HE
OR SHE USES, TRANSFERS, MAKES, ALTERS, COUNTERFEITS OR REPRODUCES A
RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT CODE KNOWING SUCH TO BE COUN-
TERFEIT.
(1) THE TERM "RETAIL SALES RECEIPT" SHALL MEAN ANY HANDWRITTEN OR
MACHINE OR COMPUTER PRODUCED DOCUMENT AS PROPERLY ISSUED BY A RETAILER
TO ACKNOWLEDGE PAYMENT RECEIVED BY A CUSTOMER.
(2) THE TERM "UNIFORM PRODUCT CODE LABEL" SHALL MEAN ANY BAR CODE OR
OTHER CODING SYSTEM DESIGNED TO BE READ BY COMPUTER WHICH CONTAINS PRIC-
ING INFORMATION AND OTHER RELATED INFORMATION USED BY A RETAILER AND
READ BY A COMPUTER AT POINT OF PURCHASE FOR PURPOSES OF ESTABLISHING THE
SALE PRICE OF A GOOD.
RETAIL SALES RECEIPT FRAUD OR UNIVERSAL PRODUCT CODE FRAUD IN THE
SECOND DEGREE IS A CLASS A MISDEMEANOR.
S 165.81 RETAIL SALES RECEIPT FRAUD OR UNIVERSAL PRODUCT CODE FRAUD IN
THE FIRST DEGREE.
A PERSON IS GUILTY OF RETAIL SALES RECEIPT FRAUD OR UNIVERSAL PRODUCT
CODE FRAUD IN THE FIRST DEGREE WHEN, WITH INTENT TO DECEIVE OR DEFRAUD A
PERSON OR PERSONS ENGAGED IN THE RETAIL SALE OF GOODS OR SERVICES, HE OR
SHE USES, TRANSFERS, MAKES, ALTERS, COUNTERFEITS OR REPRODUCES FIFTEEN
OR MORE RETAIL SALES RECEIPTS OR UNIVERSAL PRODUCT CODES OR COMBINATION
THEREOF KNOWING SUCH TO BE COUNTERFEIT.
(1) THE TERM "RETAIL SALES RECEIPT" SHALL MEAN ANY HANDWRITTEN OR
MACHINE OR COMPUTER PRODUCED DOCUMENT AS PROPERLY ISSUED BY A RETAILER
TO ACKNOWLEDGE PAYMENT RECEIVED BY A CUSTOMER.
(2) THE TERM "UNIFORM PRODUCT CODE LABEL" SHALL MEAN ANY BAR CODE OR
OTHER CODING SYSTEM DESIGNED TO BE READ BY COMPUTER WHICH CONTAINS PRIC-
ING INFORMATION AND OTHER RELATED INFORMATION USED BY A RETAILER AND
READ BY A COMPUTER AT POINT OF PURCHASE FOR PURPOSES OF ESTABLISHING THE
SALE PRICE OF A GOOD.
RETAIL SALES RECEIPT FRAUD OR UNIVERSAL PRODUCT CODE FRAUD IN THE
FIRST DEGREE IS A CLASS E FELONY.
S 165.82 POSSESSION OF A FRAUDULENT RETAIL SALES RECEIPT OR UNIVERSAL
PRODUCT CODE MANUFACTURING DEVICE.
A PERSON IS GUILTY OF POSSESSION OF A FRAUDULENT RETAIL SALES RECEIPT
OR UNIVERSAL PRODUCT CODE MANUFACTURING DEVICE WHEN, WITH INTENT TO
DECEIVE OR DEFRAUD A PERSON OR PERSON ENGAGED IN THE RETAIL SALE OF
GOODS OR SERVICES, HE OR SHE POSSESSES A DEVICE THAT MANUFACTURES FRAU-
DULENT RETAIL SALES RECEIPTS OR UNIVERSAL PRODUCT CODE LABELS.
(1) THE TERM "RETAIL SALES RECEIPT" SHALL MEAN ANY HANDWRITTEN OR
MACHINE OR COMPUTER PRODUCED DOCUMENT AS PROPERLY ISSUED BY A RETAILER
TO ACKNOWLEDGE PAYMENT RECEIVED BY A CUSTOMER.
(2) THE TERM "UNIFORM PRODUCT CODE LABEL" SHALL MEAN ANY BAR CODE OR
OTHER CODING SYSTEM DESIGNED TO BE READ BY COMPUTER WHICH CONTAINS PRIC-
ING INFORMATION AND OTHER RELATED INFORMATION USED BY A RETAILER AND
S. 6955--A 3
READ BY A COMPUTER AT POINT OF PURCHASE FOR PURPOSES OF ESTABLISHING THE
SALE PRICE OF A GOOD.
POSSESSION OF A FRAUDULENT RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT
CODE MANUFACTURING DEVICE IS A CLASS E FELONY.
S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.