assembly Bill A8149A

2015-2016 Legislative Session

Relates to cyber crimes

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 14, 2016 print number 8149a
Apr 14, 2016 amend and recommit to codes
Jan 06, 2016 referred to codes
Jun 10, 2015 referred to codes

Co-Sponsors

A8149 - Details

See Senate Version of this Bill:
S4072
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd Pen L, generally; amd §§20.40, 690.05, 690.15, 690.20, 690.30 & 700.05, CP L
Versions Introduced in 2017-2018 Legislative Session:
A5496, S2406

A8149 - Summary

Relates to cyber crimes and identity theft; increases penalties for certain acts involving use of personal information, fraud, tampering, theft and use of a computer to commit crimes.

A8149 - Bill Text download pdf

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

                                  8149

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 10, 2015
                               ___________

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

AN  ACT  to  amend  the  penal  law  and  the criminal procedure law, in
  relation to cyber crimes

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

  Section  1.  Subdivisions 1, 2, 3 and 4 of section 155.00 of the penal
law, subdivision 1 as amended by chapter 514 of the laws  of  1986,  are
amended and two new subdivisions 10 and 11 are added to read as follows:
  1.  "Property"  means  any  money,  personal  property, real property,
computer  data,  computer  program,  PERSONAL  IDENTIFYING  INFORMATION,
SECRET  SCIENTIFIC  MATERIAL,  thing  in  action,  evidence  of  debt or
contract, or any article, substance or thing  of  value,  including  any
gas,  steam,  water  or  electricity,  which is provided for a charge or
compensation.
  2. "Obtain" includes, but is not limited to, the bringing about  of  a
transfer or purported transfer of property or of a legal interest there-
in, whether to the obtainer or another.  WITH REGARD TO PERSONAL IDENTI-
FYING  INFORMATION,  COMPUTER  DATA OR COMPUTER PROGRAM, OBTAIN INCLUDES
DUPLICATING, RECORDING, COPYING, DOWNLOADING, UPLOADING OR PRINTING  OUT
THE  INFORMATION,  DATA,  OR  PROGRAM,  OR  OBTAINING  A PHYSICAL OBJECT
CONTAINING SUCH INFORMATION.  WITH REGARD TO SERVICE,  OBTAIN  INCLUDES,
BUT IS NOT LIMITED TO, USING OR ACCESSING A SERVICE.
  3.  "Deprive."  To "deprive" another of property means (a) to withhold
it or cause it to be withheld from him OR  HER  permanently  or  for  so
extended  a period or under such circumstances that the major portion of
its economic value or benefit is lost to him OR HER, or (b)  to  dispose
of  the property in such manner or under such circumstances as to render
it unlikely that an owner will recover such property.  WHEN THE PROPERTY
IS PERSONAL IDENTIFYING INFORMATION, COMPUTER DATA OR COMPUTER  PROGRAM,
TO  DEPRIVE ANOTHER OF ITS MEANS TO OBTAIN IT OR CAUSE A THIRD PERSON TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08856-02-5

Co-Sponsors

A8149A (ACTIVE) - Details

See Senate Version of this Bill:
S4072
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd Pen L, generally; amd §§20.40, 690.05, 690.15, 690.20, 690.30 & 700.05, CP L
Versions Introduced in 2017-2018 Legislative Session:
A5496, S2406

A8149A (ACTIVE) - Summary

Relates to cyber crimes and identity theft; increases penalties for certain acts involving use of personal information, fraud, tampering, theft and use of a computer to commit crimes.

A8149A (ACTIVE) - Bill Text download pdf

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

                                 8149--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 10, 2015
                               ___________

Introduced  by  M.  of A. LENTOL, MONTESANO -- read once and referred to
  the Committee on Codes -- recommitted to the  Committee  on  Codes  in
  accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the  penal  law  and  the criminal procedure law, in
  relation to cyber crimes

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

  Section  1.  Subdivisions 1, 2, 3 and 4 of section 155.00 of the penal
law, subdivision 1 as amended by chapter 514 of the laws  of  1986,  are
amended and two new subdivisions 10 and 11 are added to read as follows:
  1.  "Property"  means  any  money,  personal  property, real property,
computer  data,  computer  program,  PERSONAL  IDENTIFYING  INFORMATION,
SECRET  SCIENTIFIC  MATERIAL,  thing  in  action,  evidence  of  debt or
contract, or any article, substance or thing  of  value,  including  any
gas,  steam,  water  or  electricity,  which is provided for a charge or
compensation.
  2. "Obtain" includes, but is not limited to, the bringing about  of  a
transfer or purported transfer of property or of a legal interest there-
in, whether to the obtainer or another.  WITH REGARD TO PERSONAL IDENTI-
FYING  INFORMATION,  COMPUTER  DATA OR COMPUTER PROGRAM, OBTAIN INCLUDES
DUPLICATING, RECORDING, COPYING, DOWNLOADING, UPLOADING OR PRINTING  OUT
THE  INFORMATION,  DATA,  OR  PROGRAM,  OR  OBTAINING  A PHYSICAL OBJECT
CONTAINING SUCH INFORMATION.  WITH REGARD TO SERVICE,  OBTAIN  INCLUDES,
BUT IS NOT LIMITED TO, USING OR ACCESSING A SERVICE.
  3.  "Deprive."  To "deprive" another of property means (a) to withhold
it or cause it to be withheld from him OR  HER  permanently  or  for  so
extended  a period or under such circumstances that the major portion of
its economic value or benefit is lost to him OR HER, or (b)  to  dispose
of  the property in such manner or under such circumstances as to render
it unlikely that an owner will recover such property.  WHEN THE PROPERTY
IS PERSONAL IDENTIFYING INFORMATION, COMPUTER DATA OR COMPUTER  PROGRAM,
TO  DEPRIVE ANOTHER OF ITS MEANS TO OBTAIN IT OR CAUSE A THIRD PERSON TO

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