senate Bill S7542

2013-2014 Legislative Session

Relates to computer tampering

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 15, 2014 referred to codes

S7542 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§156.00, 156.20, 156.25, 156.26 & 156.27, add §156.28, Pen L

S7542 - Bill Texts

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Relates to computer tampering.

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BILL NUMBER:S7542

TITLE OF BILL: An act to amend the penal law, in relation to computer
tampering

PURPOSE OR GENERAL IDEA OF BILL: Establishes a new crime of computer
tampering in the fifth degree, and amends the definition and penalty
structure for the existing four degrees of computer tampering.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends paragraph (c) of subdivision 5 of section 156.00 of
the penal law to add language clarifying the definition of the crime.

Section 2 amends section 156.20 of the penal law to change computer
tampering in the fourth degree to computer tampering in the fifth
degree, and establishes that computer tampering in the fifth degree
shall be a class A misdemeanor.

Section 3 amends section 156.25 of the penal law to change computer
tampering in the third degree to computer tampering in the fourth
degree, and establishes that that computer tampering in the fourth
degree shall be a class E felony. It also adds "or she" after any
instance of the word "he".

Section 4 amends section 156.26 of the penal law to change computer
tampering in the second degree to computer tampering in the third
degree, and establishes that computer tampering in the third degree
shall be a class D felony.

Section 5 amends section 156.27 of the penal law to change computer
tampering in the first degree to computer tampering in the second
degree, and establishes that computer tampering in the second degree
shall be a class C felony. It also adds "or she" after any instance of
the word "he".

Section 6 adds a new section 156.28 to the penal law to establish a
new definition of computer tampering in the first degree. It
establishes that one shall be guilty of computer tampering in the
first degree if one commits the crime of computer tampering in the
fifth degree and causes one million dollars or more in damages. It
also establishes that computer tampering in the first degree shall be
a class B felony.

Section 7 provides that the act shall take effect immediately.

JUSTIFICATION: Adopts the recommendation of the New York State White
Collar Crime Task Force ("the Task Force") to change the definition of
"computer material" and further gradate the crime of Computer
Tampering. In its 2013 report, the Task Force noted the increasing
pervasiveness of computer intrusions, and the serious problems that
they can cause to individuals, businesses, and governmental entities.
The current definition of "computer material" in the penal law is
overly restrictive, and excludes malicious hacking that isn't related
to trade secrets or other competitive advantages.


Further, this bill creates a fifth degree of the crime of Computer
Tampering, and gradates the degrees of that crime up to a class B
felony, consistent with the aggregate damages and penalties for the
crime of Grand Larceny.

PRIOR LEGISLATIVE HISTORY: New Legislation

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  7542

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to computer tampering

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

  Section  1.  Paragraph  (c)  of subdivision 5 of section 156.00 of the
penal law, as amended by chapter 558 of the laws of 2006, is amended  to
read as follows:
  (c)  is  not  and is not intended to be available to anyone other than
the person or persons  rightfully  in  possession  thereof  or  selected
persons  having  access thereto with his, her or their consent and which
[accords or may  accord  such  rightful  possessors  an  advantage  over
competitors  or  other  persons who do not have knowledge or the benefit
thereof] PERSONS OTHER THAN THOSE RIGHTLY IN POSSESSION, KNOW OR  SHOULD
KNOW THAT SAID MATERIAL IS NOT INTENDED TO BE AVAILABLE TO THEM.
  S 2. Section 156.20 of the penal law, as amended by chapter 558 of the
laws of 2006, is amended to read as follows:
S 156.20 Computer tampering in the [fourth] FIFTH degree.
  A  person is guilty of computer tampering in the [fourth] FIFTH degree
when he or she uses, causes to be used, or accesses a computer, computer
service, or computer network without authorization and he or she  inten-
tionally  alters  in  any manner or destroys computer data or a computer
program of another person.
  Computer tampering in the [fourth] FIFTH degree is a class A misdemea-
nor.
  S 3. Section 156.25 of the penal law, as amended by chapter 89 of  the
laws  of  1993,  subdivision  2 as amended by chapter 376 of the laws of
1997, is amended to read as follows:
S 156.25 Computer tampering in the [third] FOURTH degree.
  A person is guilty of computer tampering in the [third] FOURTH  degree
when  he  OR SHE commits the crime of computer tampering in the [fourth]
FIFTH degree and:
  1. he OR SHE does so with an intent to commit or attempt to commit  or
further the commission of any felony; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15139-01-4

S. 7542                             2

  2.  he  OR  SHE  has been previously convicted of any crime under this
article or subdivision eleven of section 165.15 of this chapter; or
  3.  he  OR SHE intentionally alters in any manner or destroys computer
material; or
  4. he OR SHE intentionally alters in any manner or  destroys  computer
data or a computer program so as to cause damages in an aggregate amount
exceeding one thousand dollars.
  Computer tampering in the [third] FOURTH degree is a class E felony.
  S 4. Section 156.26 of the penal law, as amended by chapter 590 of the
laws of 2008, is amended to read as follows:
S 156.26 Computer tampering in the [second] THIRD degree.
  A  person is guilty of computer tampering in the [second] THIRD degree
when he or she commits the crime of computer tampering in  the  [fourth]
FIFTH  degree  and  he  or  she  intentionally  alters  in any manner or
destroys:
  1. computer data or a computer program so as to cause  damages  in  an
aggregate amount exceeding three thousand dollars; or
  2.  computer  material that contains records of the medical history or
medical treatment of an identified or readily identifiable individual or
individuals and as a result of  such  alteration  or  destruction,  such
individual  or individuals suffer serious physical injury, and he or she
is aware of and consciously disregards a substantial  and  unjustifiable
risk that such serious physical injury may occur.
  Computer tampering in the [second] THIRD degree is a class D felony.
  S  5.  Section  156.27 of the penal law, as added by chapter 89 of the
laws of 1993, is amended to read as follows:
S 156.27 Computer tampering in the [first] SECOND degree.
  A person is guilty of computer tampering in the [first] SECOND  degree
when  he  OR SHE commits the crime of computer tampering in the [fourth]
FIFTH degree and he  OR  SHE  intentionally  alters  in  any  manner  or
destroys  computer  data or a computer program so as to cause damages in
an aggregate amount exceeding fifty thousand dollars.
  Computer tampering in the [first] SECOND degree is a class C felony.
  S 6. The penal law is amended by adding a new section 156.28  to  read
as follows:
S 156.28 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 FIFTH  DEGREE  AND
HE  OR  SHE INTENTIONALLY ALTERS IN ANY MANNER OR DESTROYS COMPUTER DATA
OR A COMPUTER PROGRAM AND THEREBY CAUSES DAMAGES IN AN AGGREGATE  AMOUNT
OF ONE MILLION DOLLARS OR MORE.
  COMPUTER TAMPERING IN THE FIRST DEGREE IS A CLASS B FELONY.
  S 7. This act shall take effect immediately.

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