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

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08856-06-6

A. 8149--A                          2

OBTAIN IT UNDER SUCH CIRCUMSTANCES THAT A  SUBSTANTIAL  PORTION  OF  THE
ECONOMIC  BENEFIT  OR  VALUE OF HAVING CONTROL OVER IT OR AUTHORITY OVER
ITS USE IS LOST TO AN OWNER. TO DEPRIVE ANOTHER OF SERVICE IS TO USE  OR
ACCESS  A  SERVICE  OR  CAUSE  A THIRD PERSON TO USE OR ACCESS A SERVICE
UNDER SUCH CIRCUMSTANCES THAT SOME OF THE ECONOMIC BENEFIT OR  VALUE  OF
HAVING  CONTROL  OR  AUTHORITY  OVER PROVIDING THE SERVICE IS LOST TO AN
OWNER.
  4. "Appropriate." To "appropriate" property of another to oneself or a
third person means (a) to exercise control over it, or to  aid  a  third
person  to  exercise  control  over it, permanently or for so extended a
period or under such circumstances as to acquire the  major  portion  of
its economic value or benefit, or (b) to dispose of the property for the
benefit  of  oneself  or a third person.   WHEN THE PROPERTY IS PERSONAL
IDENTIFYING INFORMATION, COMPUTER DATA OR COMPUTER PROGRAM  OF  ANOTHER,
TO  APPROPRIATE IT TO ONESELF OR A THIRD PERSON MEANS TO OBTAIN IT UNDER
SUCH CIRCUMSTANCES AS TO ACQUIRE THE ABILITY TO USE IT OR DISPOSE OF  IT
TO  THE ECONOMIC BENEFIT OF ONESELF OR A THIRD PERSON OR TO THE ECONOMIC
DETRIMENT OR DAMAGE OF AN OWNER. TO APPROPRIATE A  SERVICE  PROVIDED  BY
ANOTHER  TO ONESELF OR A THIRD PERSON MEANS TO USE OR ACCESS THE SERVICE
UNDER SUCH CIRCUMSTANCES AS TO ACQUIRE THE ABILITY  TO  USE  IT  TO  THE
ECONOMIC  BENEFIT OF ONESELF OR A THIRD PERSON OR TO THE ECONOMIC DETRI-
MENT OR DAMAGE OF AN OWNER.
  10. "COMPUTER PROGRAM" MEANS AN ORDERED SET OF DATA REPRESENTING CODED
INSTRUCTIONS OR STATEMENTS THAT WHEN EXECUTED BY THE COMPUTER, CAUSE THE
COMPUTER TO PROCESS DATA OR DIRECT THE COMPUTER TO PERFORM ONE  OR  MORE
COMPUTER  OPERATIONS  OR BOTH AND MAY BE IN ANY FORM, INCLUDING MAGNETIC
STORAGE MEDIA, OPTICAL  MEDIA,  COMPUTING  DEVICES,  PUNCHED  CARDS,  OR
STORED INTERNALLY IN THE MEMORY OF THE COMPUTER.
  11.  "COMPUTER DATA" MEANS A REPRESENTATION OF INFORMATION, KNOWLEDGE,
FACTS, CONCEPT OR INSTRUCTIONS WHICH ARE BEING PROCESSED, OR  HAVE  BEEN
PROCESSED  IN A COMPUTER AND MAY BE IN ANY FORM INCLUDING MAGNETIC STOR-
AGE MEDIA, PUNCHED CARDS, OR STORED INTERNALLY  IN  THE  MEMORY  OF  THE
COMPUTER.
  S 2. Paragraph (c) of subdivision 2 of section 155.05 of the penal law
is amended and a new paragraph (f) is added to read as follows:
  (c)  By  committing  the  crime  of issuing a bad check, as defined in
section 190.05, OR BY OBTAINING PROPERTY OR SERVICE BY USING OR PRESENT-
ING A FORM OF PAYMENT OR  PERSONAL  IDENTIFYING  INFORMATION  THE  ACTOR
KNOWS  HE  OR SHE IS NOT AUTHORIZED TO USE OR KNOWS IS EXPIRED OR FORGED
OR OTHERWISE NOT VALID;
  (F) BY THEFT OF SERVICE. THEFT OF SERVICE MEANS EITHER: (I)  USING  OR
ACCESSING  A  SERVICE  IN  A  MANNER THAT OTHERWISE REQUIRES PAYMENT AND
INTENTIONALLY FAILING TO PAY FOR SUCH USE OR ACCESS BY EITHER  TAMPERING
WITHOUT  AUTHORITY  WITH  A  DELIVERY, PAYMENT, OR MEASUREMENT DEVICE OR
MECHANISM, OR BY ENTERING OR  LEAVING  PREMISES  WHERE  THE  SERVICE  IS
PROVIDED  BY  STEALTH OR BY EVADING A PHYSICAL BARRIER, OR (II) USING OR
ACCESSING A SERVICE IN A MANNER THAT OTHERWISE REQUIRES PAYMENT  OR  THE
PRESENTATION OF PERSONAL IDENTIFYING INFORMATION AND USING OR PRESENTING
A FORM OF PAYMENT OR PERSONAL IDENTIFYING INFORMATION THE ACTOR KNOWS HE
OR  SHE IS NOT AUTHORIZED TO USE OR KNOWS IS EXPIRED OR FORGED OR OTHER-
WISE NOT VALID.
  S 3. Subdivision 1 of section 155.20 of the penal law  is  amended  to
read as follows:
  1.  Except  as  otherwise  specified  in this section, value means the
market value of the property at the time and place of the crime,  or  if
such  cannot  be  satisfactorily ascertained, the cost of replacement of

A. 8149--A                          3

the property within a reasonable time after the crime.  WITH  REGARD  TO
SERVICE,  VALUE SHALL ALSO MEAN THE COST OF PROVIDING THE SERVICE AT THE
TIME OF THE CRIME, AND WITH REGARD TO THE  VALUE  OF  COMPUTER  DATA  OR
COMPUTER  PROGRAM  VALUE  SHALL  MEAN THE REPLACEMENT COST OR THE MARKET
VALUE AT THE TIME AND PLACE OF THE CRIME, OR THE COST TO WRITE OR DEVEL-
OP SUCH DATA AND/OR PROGRAM, WHICHEVER IS GREATER.
  S 4. The penal law is amended by adding a new section 155.23  to  read
as follows:
S 155.23 PETIT THEFT OF SERVICE.
  A  PERSON  IS GUILTY OF PETIT THEFT OF SERVICE WHEN HE OR SHE STEALS A
SERVICE.
  PETIT THEFT OF SERVICE IS A CLASS B MISDEMEANOR.
  S 5. Section 155.25 of the penal law is amended to read as follows:
S 155.25 Petit larceny.
  A person is guilty of petit larceny when he OR SHE steals property, OR
STEALS A SERVICE AND THE VALUE  OF  THE  SERVICE  EXCEEDS  FIVE  HUNDRED
DOLLARS.
  Petit larceny is a class A misdemeanor.
  S  6.  The  opening  paragraph  and subdivisions 1, 4 and 6 of section
155.30 of the penal law, the opening paragraph and subdivisions 1 and  6
as  amended by chapter 515 of the laws of 1986, subdivision 4 as amended
by chapter 556 of the laws of 1987, are amended to read as follows:
  A person is guilty of grand larceny in the fourth degree  when  he  OR
SHE steals property OR A SERVICE and when:
  1.  The value of the property OR SERVICE exceeds one thousand dollars;
or
  4. The property consists of a credit card or debit  card  OR  PERSONAL
IDENTIFYING INFORMATION; or
  6.  The  property  OR  SERVICE, regardless of its nature and value, is
obtained by extortion; or
  S 7. Section 155.35 of the penal law, as amended by chapter 464 of the
laws of 2010, is amended to read as follows:
S 155.35 Grand larceny in the third degree.
  A person is guilty of grand larceny in the third degree when he or she
steals property OR A SERVICE and:
  1. when the value of the property exceeds three thousand dollars, or
  2. the property is an automated teller machine or the contents  of  an
automated teller machine, OR
  3.  THE PROPERTY IS PERSONAL IDENTIFYING INFORMATION OF TWENTY-FIVE OR
MORE PERSONS.
  Grand larceny in the third degree is a class D felony.
  S 8. Section 155.40 of the penal law, as amended by chapter 515 of the
laws of 1986, is amended to read as follows:
S 155.40 Grand larceny in the second degree.
  A person is guilty of grand larceny in the second degree  when  he  OR
SHE steals property OR A SERVICE and when:
  1.  The  value  of  the  property  OR  SERVICE  exceeds fifty thousand
dollars; or
  2. The property OR SERVICE, regardless of its  nature  and  value,  is
obtained  by extortion committed by instilling in the victim a fear that
the actor or another person will  (a)  cause  physical  injury  to  some
person  in  the  future,  or (b) cause damage to property, or (c) use or
abuse his OR HER position as a public servant  by  engaging  in  conduct
within or related to his OR HER official duties, or by failing or refus-
ing to perform an official duty, in such manner as to affect some person
adversely, OR

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  3.  THE PROPERTY IS PERSONAL IDENTIFYING INFORMATION OF ONE HUNDRED OR
MORE PERSONS.
  Grand larceny in the second degree is a class C felony.
  S  9.  Section 155.42 of the penal law, as added by chapter 515 of the
laws of 1986, is amended to read as follows:
S 155.42 Grand larceny in the first degree.
  A person is guilty of grand larceny in the first degree when he OR SHE
steals property OR A SERVICE and when  the  value  of  the  property  OR
SERVICE exceeds one million dollars; OR THE PROPERTY IS PERSONAL IDENTI-
FYING INFORMATION OF ONE THOUSAND OR MORE PERSONS.
  Grand larceny in the first degree is a class B felony.
  S  10. Subdivisions 5 and 8 of section 156.00 of the penal law, subdi-
vision 5 as amended and subdivision 8 as added by  chapter  558  of  the
laws of 2006, are amended to read as follows:
  5.  "Computer  material"  is  property  and means any computer data or
computer program which:
  (a) contains records of the medical history or medical treatment of an
identified or readily identifiable individual or individuals. This  term
shall  not  apply  to the gaining access to or duplication solely of the
medical history or medical treatment records of a person by that  person
or  by  another  specifically authorized by the person whose records are
gained access to or duplicated; or
  (b) contains records maintained by the state or any political subdivi-
sion thereof or any governmental instrumentality within the state  which
contains  any information concerning a person, as defined in subdivision
seven of section 10.00 of this chapter, which because of  name,  number,
symbol, mark or other identifier, can be used to identify the person and
which  is  otherwise  prohibited  by law from being disclosed. This term
shall not apply to the  gaining  access  to  or  duplication  solely  of
records of a person by that person or by another specifically authorized
by the person whose records are gained access to or duplicated; or
  (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] ANY PERSON, OTHER THAN A PERSON RIGHTFULLY IN POSSESSION, KNOWS
OR SHOULD KNOW IS NOT INTENDED TO BE AVAILABLE TO HIM OR HER.
  8. "Without authorization" means to  use  or  to  access  a  computer,
computer service or computer network without the permission of the owner
or lessor or someone licensed or privileged by the owner or lessor where
such person knew that his or her use or access was without permission or
after  actual  notice to such person that such use or access was without
permission, OR THAT SUCH USE OR ACCESS WAS FOR PURPOSES OTHER THAN THOSE
FOR WHICH PERMISSION WAS  GRANTED  BY  THE  OWNER,  LESSOR,  OR  SOMEONE
LICENSED  OR PRIVILEGED BY SUCH OWNER OR LESSOR.  It shall also mean the
access of a computer service by a person without permission  where  such
person  knew  that  such  access  was without permission or after actual
notice to such person, that such access was without permission.
  Proof that such person used or accessed a computer,  computer  service
or  computer  network  through the knowing use of a set of instructions,
code or computer program that bypasses, defrauds  or  otherwise  circum-
vents a security measure installed or used with the user's authorization
on  the computer, computer service or computer network shall be presump-
tive evidence that such person used or accessed such computer,  computer
service or computer network without authorization.

A. 8149--A                          5

  S  11.  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 12. 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 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
  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  13.  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
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  14.  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
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 aggre-
gate amount exceeding fifty thousand dollars.
  Computer tampering in the [first] SECOND degree is a class C felony.
  S 15. 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

A. 8149--A                          6

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  16.  The  penal  law is amended by adding five new sections 156.60,
156.65, 156.70, 156.75 and 156.80 to read as follows:
S 156.60 DENIAL OF SERVICE  ATTACK  ON  A  COMPUTER,  COMPUTER  SERVICE,
           COMPUTER PROGRAM, OR COMPUTER NETWORK IN THE FIFTH DEGREE.
  A PERSON IS GUILTY OF DENIAL OF SERVICE ATTACK ON A COMPUTER, COMPUTER
SERVICE,  COMPUTER PROGRAM, OR COMPUTER NETWORK IN THE FIFTH DEGREE WHEN
HE OR SHE ACTING ALONE OR WITH OTHERS KNOWINGLY CAUSES THE  TRANSMISSION
OF  A PROGRAM, INFORMATION, CODE, OR COMMAND, OR OTHER ELECTRONIC COMMU-
NICATION, AND AS A RESULT  OF  SUCH  CONDUCT,  INTENTIONALLY  MAKES  THE
COMPUTER, COMPUTER SERVICE, COMPUTER PROGRAM, OR COMPUTER NETWORK TEMPO-
RARILY OR INDEFINITELY UNAVAILABLE TO ITS INTENDED USERS.
  DENIAL  OF  SERVICE  ATTACK  ON A COMPUTER, COMPUTER SERVICE, COMPUTER
PROGRAM, OR COMPUTER NETWORK IN THE FIFTH DEGREE IS A CLASS A  MISDEMEA-
NOR.
S 156.65 DENIAL  OF  SERVICE  ATTACK  ON  A  COMPUTER, COMPUTER SERVICE,
           COMPUTER PROGRAM, OR COMPUTER NETWORK IN THE FOURTH DEGREE.
  A PERSON IS GUILTY OF DENIAL OF SERVICE ATTACK ON A COMPUTER, COMPUTER
SERVICE, COMPUTER PROGRAM, OR COMPUTER NETWORK IN THE FOURTH DEGREE WHEN
HE OR SHE COMMITS THE CRIME OF DENIAL OF SERVICE ATTACK ON  A  COMPUTER,
COMPUTER  SERVICE,  COMPUTER  PROGRAM,  OR COMPUTER NETWORK IN THE FIFTH
DEGREE AND THEREBY CAUSES DAMAGES OR  LOSS  THAT  EXCEEDS  ONE  THOUSAND
DOLLARS  TO  ANOTHER  PERSON  OR  PERSONS,  AND/OR ONE OR MORE FINANCIAL
INSTITUTIONS AND/OR OTHER BUSINESSES.
  DENIAL OF SERVICE ATTACK ON A  COMPUTER,  COMPUTER  SERVICE,  COMPUTER
PROGRAM, OR COMPUTER NETWORK IN THE FOURTH DEGREE IS A CLASS E FELONY.
S 156.70 DENIAL  OF  SERVICE  ATTACK  ON  A  COMPUTER, COMPUTER SERVICE,
           COMPUTER PROGRAM, OR COMPUTER NETWORK IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF DENIAL OF SERVICE ATTACK ON A  COMPUTER  IN  THE
THIRD  DEGREE  WHEN  HE  OR  SHE  COMMITS THE CRIME OF DENIAL OF SERVICE
ATTACK ON A COMPUTER, COMPUTER SERVICE, COMPUTER  PROGRAM,  OR  COMPUTER
NETWORK  IN  THE  FIFTH  DEGREE  AND THEREBY CAUSES DAMAGES OR LOSS THAT
EXCEEDS THREE THOUSAND DOLLARS TO ANOTHER PERSON OR PERSONS,  AND/OR  TO
ONE  OR  MORE FINANCIAL INSTITUTIONS AND/OR OTHER BUSINESSES, OR COMMITS
OR ATTEMPTS TO COMMIT A CLASS D FELONY OR HIGHER LEVEL CRIME OR ACTS  AS
AN ACCESSORY TO THE COMMISSION OF A CLASS D OR HIGHER LEVEL FELONY.
  DENIAL  OF  SERVICE  ATTACK  ON A COMPUTER, COMPUTER SERVICE, COMPUTER
PROGRAM, OR COMPUTER NETWORK IN THE THIRD DEGREE IS A CLASS D FELONY.
S 156.75 DENIAL OF SERVICE  ATTACK  ON  A  COMPUTER,  COMPUTER  SERVICE,
           COMPUTER PROGRAM, OR COMPUTER NETWORK IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF DENIAL OF SERVICE ATTACK ON A COMPUTER, COMPUTER
SERVICE, COMPUTER PROGRAM, OR COMPUTER NETWORK IN THE SECOND DEGREE WHEN
HE  OR  SHE COMMITS THE CRIME OF DENIAL OF SERVICE ATTACK ON A COMPUTER,
COMPUTER SERVICE, COMPUTER PROGRAM, OR COMPUTER  NETWORK  IN  THE  FIFTH
DEGREE  AND  THEREBY  CAUSES DAMAGES OR LOSS THAT EXCEEDS FIFTY THOUSAND
DOLLARS TO ANOTHER PERSON  OR  PERSONS,  AND/OR  FINANCIAL  INSTITUTIONS
AND/OR  OTHER  BUSINESSES,  OR  COMMITS  OR ATTEMPTS TO COMMIT A CLASS C
FELONY OR HIGHER LEVEL CRIME OR ACTS AS AN ACCESSORY IN  THE  COMMISSION
OF A CLASS C OR HIGHER LEVEL FELONY.
  DENIAL  OF  SERVICE  ATTACK  ON A COMPUTER, COMPUTER SERVICE, COMPUTER
PROGRAM, OR COMPUTER NETWORK IN THE SECOND DEGREE IS A CLASS C FELONY.
S 156.80 DENIAL OF SERVICE  ATTACK  ON  A  COMPUTER,  COMPUTER  SERVICE,
           COMPUTER PROGRAM, OR COMPUTER NETWORK IN THE FIRST DEGREE.

A. 8149--A                          7

  A PERSON IS GUILTY OF DENIAL OF SERVICE ATTACK ON A COMPUTER, COMPUTER
SERVICE,  COMPUTER PROGRAM, OR COMPUTER NETWORK IN THE FIRST DEGREE WHEN
HE OR SHE COMMITS THE CRIME OF DENIAL OF SERVICE ATTACK ON  A  COMPUTER,
COMPUTER  SERVICE,  COMPUTER  PROGRAM,  OR COMPUTER NETWORK IN THE FIFTH
DEGREE  AND  THEREBY  CAUSES  DAMAGES  OR  LOSS THAT EXCEEDS ONE MILLION
DOLLARS TO ANOTHER PERSON OR  PERSONS,  AND/OR  ONE  OR  MORE  FINANCIAL
INSTITUTIONS AND/OR OTHER BUSINESSES, OR COMMITS OR ATTEMPTS TO COMMIT A
CLASS  B  FELONY  OR  HIGHER  LEVEL CRIME OR ACTS AS AN ACCESSORY IN THE
COMMISSION ON A CLASS B OR HIGHER LEVEL FELONY.
  DENIAL OF SERVICE ATTACK ON A  COMPUTER,  COMPUTER  SERVICE,  COMPUTER
PROGRAM, OR COMPUTER NETWORK IN THE FIRST DEGREE IS A CLASS B FELONY.
  S  17. Subdivision 2 of section 165.45 of the penal law, as amended by
chapter 81 of the laws of 1995, is amended to read as follows:
  2. The property consists of a credit card, debit card or public  bene-
fit  card,  OR  PERSONAL  IDENTIFYING  INFORMATION AS DEFINED IN SECTION
190.77 OF THIS CHAPTER; or
  S 18. Section 165.50 of the penal law, as amended by  chapter  515  of
the laws of 1986, is amended to read as follows:
S 165.50 Criminal possession of stolen property in the third degree.
  A  person  is  guilty of criminal possession of stolen property in the
third degree when he OR SHE knowingly possesses  stolen  property,  with
intent  to  benefit  himself  OR HERSELF or a person other than an owner
thereof or to impede the recovery by an  owner  thereof,  and  when  the
value  of  the  property exceeds three thousand dollars, OR THE PROPERTY
CONSISTED OF THE PERSONAL IDENTIFYING INFORMATION OF TWENTY-FIVE OR MORE
PERSONS.
  Criminal possession of stolen property in the third degree is a  class
D felony.
  S  19. Section 165.52 of the penal law, as added by chapter 515 of the
laws of 1986, is amended to read as follows:
S 165.52 Criminal possession of stolen property in the second degree.
  A person is guilty of criminal possession of stolen  property  in  the
second  degree  when he OR SHE knowingly possesses stolen property, with
intent to benefit himself OR HERSELF or a person  other  than  an  owner
thereof  or  to  impede  the  recovery by an owner thereof, and when the
value of the property exceeds fifty thousand dollars,  OR  THE  PROPERTY
CONSISTS  OF THE PERSONAL IDENTIFYING INFORMATION OF ONE HUNDRED OR MORE
PERSONS.
  Criminal possession of stolen property in the second degree is a class
C felony.
  S 20. Section 165.54 of the penal law, as added by chapter 515 of  the
laws of 1986, is amended to read as follows:
S 165.54 Criminal possession of stolen property in the first degree.
  A  person  is  guilty of criminal possession of stolen property in the
first degree when he OR SHE knowingly possesses  stolen  property,  with
intent  to  benefit  himself  OR HERSELF or a person other than an owner
thereof or to impede the recovery by an owner, and when the value of the
property exceeds one million dollars, OR THE PROPERTY  CONSISTS  OF  THE
PERSONAL IDENTIFYING INFORMATION OF ONE THOUSAND OR MORE PERSONS.
  Criminal  possession of stolen property in the first degree is a class
B felony.
  S 21. Section 190.60 of the penal law, as amended by  chapter  491  of
the laws of 1992, subdivision 1 as amended by chapter 357 of the laws of
1996, is amended to read as follows:
S 190.60 Scheme to defraud in the [second] FIFTH degree.

A. 8149--A                          8

  1.  A  person  is  guilty of a scheme to defraud in the [second] FIFTH
degree when he OR SHE engages in  a  scheme  constituting  a  systematic
ongoing course of conduct with intent to defraud more than one person or
to  obtain  property  from  more  than one person by false or fraudulent
pretenses, representations or promises, and so obtains property from one
or more of such persons.
  2.  In  any  prosecution  under this section, it shall be necessary to
prove the identity of at least one person from  whom  the  defendant  so
obtained  property,  but it shall not be necessary to prove the identity
of any other intended victim.
  Scheme to defraud in the [second] FIFTH degree is a class A  misdemea-
nor.
  S  22.  The  penal law is amended by adding three new sections 190.62,
190.63 and 190.64 to read as follows:
S 190.62 SCHEME TO DEFRAUD IN THE FOURTH DEGREE.
  A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE FOURTH DEGREE WHEN HE
OR SHE ENGAGES IN A SCHEME TO DEFRAUD IN THE FIFTH DEGREE, AND
  1. INTENDS TO OBTAIN PROPERTY OR SERVICE FROM TEN OR MORE PERSONS; OR
  2. THE VALUE OF THE PROPERTY OR SERVICE OBTAINED EXCEEDS ONE  THOUSAND
DOLLARS; OR
  3. INTENDS TO OBTAIN AND DOES OBTAIN PROPERTY OR SERVICE FROM AT LEAST
ONE VULNERABLE ELDERLY PERSON AS DEFINED IN SECTION 260.31 OF THIS CHAP-
TER.
  SCHEME TO DEFRAUD IN THE FOURTH DEGREE IS A CLASS E FELONY.
S 190.63 SCHEME TO DEFRAUD IN THE THIRD DEGREE.
  A  PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE THIRD DEGREE WHEN HE
OR SHE ENGAGES IN A SCHEME TO DEFRAUD IN THE FIFTH DEGREE, AND
  1. INTENDS TO OBTAIN PROPERTY OR  SERVICE  FROM  TWENTY-FIVE  OR  MORE
PERSONS; OR
  2.  THE  VALUE OF THE PROPERTY OR SERVICE OBTAINED EXCEEDS THREE THOU-
SAND DOLLARS.
  SCHEME TO DEFRAUD IN THE THIRD DEGREE IS A CLASS D FELONY.
S 190.64 SCHEME TO DEFRAUD IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE SECOND DEGREE WHEN HE
OR SHE ENGAGES IN A SCHEME TO DEFRAUD IN THE FIFTH DEGREE, AND
  1. INTENDS TO OBTAIN PROPERTY OR SERVICE  FROM  ONE  HUNDRED  OR  MORE
PERSONS; OR
  2.  THE  VALUE OF THE PROPERTY OR SERVICE OBTAINED EXCEEDS FIFTY THOU-
SAND DOLLARS.
  SCHEME TO DEFRAUD IN THE SECOND DEGREE IS A CLASS C FELONY.
  S 23. Section 190.65 of the penal law, as amended by  chapter  291  of
the laws of 2008, is amended to read as follows:
S 190.65 Scheme to defraud in the first degree.
  [1.]  A  person  is  guilty of a scheme to defraud in the first degree
when he or she[: (a)] engages in CONDUCT CONSTITUTING a scheme  [consti-
tuting  a  systematic  ongoing course of conduct with intent] to defraud
[ten] IN THE FIFTH DEGREE AND INTENDS TO OBTAIN PROPERTY OR SERVICE FROM
ONE THOUSAND or more persons or to obtain  property  from  ten  or  more
persons  by  false or fraudulent pretenses, representations or promises,
and so obtains property from one  or  more  of  such  persons;  [or  (b)
engages  in a scheme constituting a systematic ongoing course of conduct
with intent to defraud more than one person or to obtain  property  from
more  than  one person by false or fraudulent pretenses, representations
or promises, and so obtains] AND VALUE OF THE property [with a value  in
excess  of  one  thousand  dollars from one or more such persons; or (c)
engages in a scheme constituting a systematic ongoing course of  conduct

A. 8149--A                          9

with  intent to defraud more than one person, more than one of whom is a
vulnerable elderly person as defined in  subdivision  three  of  section
260.30  of this chapter or to obtain property from more than one person,
more  than  one  of  whom  is  a vulnerable elderly person as defined in
subdivision three of section 260.30 of this chapter, by false or fraudu-
lent pretenses, representations or promises,  and  so  obtains  property
from one or more such persons.
  2.  In  any  prosecution  under this section, it shall be necessary to
prove the identity of at least one person from  whom  the  defendant  so
obtained  property,  but it shall not be necessary to prove the identity
of any other intended victim, provided that  in  any  prosecution  under
paragraph  (c) of subdivision one of this section, it shall be necessary
to prove the identity of at least one such vulnerable elderly person  as
defined  in  subdivision  three  of  section  260.30 of this chapter] OR
SERVICE OBTAINED EXCEEDS ONE MILLION DOLLARS.
  Scheme to defraud in the first degree is a class [E] B felony.
  S 24. Section 190.78 of the penal law, as added by chapter 619 of  the
laws of 2002, is amended to read as follows:
S 190.78 Identity theft in the [third] FIFTH degree.
  A  person is guilty of identity theft in the [third] FIFTH degree when
he or she knowingly and with intent to defraud assumes the  identity  of
another person by presenting himself or herself as that other person, or
by acting as that other person or by using personal identifying informa-
tion of that other person, and thereby:
  1.  obtains  goods,  money, property or services or uses credit in the
name of such other person or causes financial loss to such person or  to
another person or persons; or
  2. commits a class A misdemeanor or higher level crime.
  Identity theft in the [third] FIFTH degree is a class A misdemeanor.
  S  25. Section 190.79 of the penal law, as added by chapter 619 of the
laws of 2002, subdivision 4 as amended by chapter 279  of  the  laws  of
2008, is amended to read as follows:
S 190.79 Identity theft in the [second] FOURTH degree.
  A person is guilty of [identify] IDENTITY theft in the [second] FOURTH
degree  when  he or she knowingly and with intent to defraud assumes the
identity of another person by presenting  himself  or  herself  as  that
other  person,  or  by  acting as that other person or by using personal
identifying information of that other person, and thereby:
  1. obtains goods, money, property or services or uses  credit  in  the
name  of  such  other  person  in  an aggregate amount that exceeds five
hundred dollars; or
  2. causes financial loss to  such  person  or  to  another  person  or
persons in an aggregate amount that exceeds five hundred dollars; or
  3.  commits  or attempts to commit a felony or acts as an accessory to
the commission of a felony; or
  4. commits the crime of identity theft in the [third] FIFTH degree  as
defined  in  section  190.78  of  this  article  and has been previously
convicted within the last [five years of identity  theft  in  the  third
degree as defined in section 190.78, identity theft in the second degree
as  defined  in  this  section,  identity  theft  in the first degree as
defined in section 190.80, unlawful possession of  personal  identifica-
tion  information  in  the  third  degree  as defined in section 190.81,
unlawful possession of personal identification information in the second
degree as defined in section 190.82,  unlawful  possession  of  personal
identification  information  in  the  first degree as defined in section
190.83, unlawful possession of a skimmer device in the second degree  as

A. 8149--A                         10

defined  in  section  190.85, unlawful possession of a skimmer device in
the first degree as defined in section  190.86,  grand  larceny  in  the
fourth  degree  as defined in section 155.30, grand larceny in the third
degree  as defined in section 155.35, grand larceny in the second degree
as defined in section 155.40 or grand larceny in  the  first  degree  as
defined in section 155.42 of this chapter] TEN YEARS, EXCLUDING ANY TIME
PERIOD  DURING WHICH SUCH PERSON WAS INCARCERATED FOR ANY REASON, OF ANY
CRIME IN THIS ARTICLE OR ARTICLE ONE HUNDRED SEVENTY OF THIS CHAPTER, OR
OF ANY LARCENY CRIME AS DEFINED IN ARTICLE  ONE  HUNDRED  FIFTY-FIVE  OF
THIS  CHAPTER, OR OF ANY CRIMINAL POSSESSION OF STOLEN PROPERTY CRIME AS
DEFINED IN ARTICLE ONE HUNDRED SIXTY-FIVE OF THIS CHAPTER; OR HE OR  SHE
KNOWINGLY  AND  WITH  INTENT TO DEFRAUD ASSUMES THE IDENTITY OF THREE OR
MORE PERSONS BY PRESENTING HIMSELF OR HERSELF AS  THOSE  PERSONS  OR  BY
ACTING  AS THOSE PERSONS OR BY USING PERSONAL IDENTIFYING INFORMATION OF
ANY OF THOSE PERSONS AND  THEREBY  OBTAINS  GOODS,  MONEY,  PROPERTY  OR
SERVICES  OR  USES  CREDIT  IN  THE NAME OF AT LEAST ONE SUCH PERSON, OR
CAUSES FINANCIAL LOSS TO AT LEAST ONE SUCH PERSON OR TO  ANOTHER  PERSON
OR PERSONS.
  Identity theft in the [second] FOURTH degree is a class E felony.
  S  26. Section 190.80 of the penal law, as added by chapter 619 of the
laws of 2002, subdivision 4 as amended by chapter 279  of  the  laws  of
2008, is amended to read as follows:
S 190.80 Identity theft in the [first] THIRD degree.
  A  person is guilty of identity theft in the [first] THIRD degree when
he or she knowingly and with intent to defraud assumes the  identity  of
another person by presenting himself or herself as that other person, or
by acting as that other person or by using personal identifying informa-
tion of that other person, and thereby:
  1.  obtains  goods,  money, property or services or uses credit in the
name of such other person in an aggregate amount that exceeds two  thou-
sand dollars; or
  2.  causes  financial  loss  to  such  person  or to another person or
persons in an aggregate amount that exceeds two thousand dollars; or
  3. commits or attempts to commit a class  D  felony  or  higher  level
crime  or  acts as an accessory in the commission of a class D or higher
level felony; or
  4. commits the crime of identity theft in the [second]  FOURTH  degree
as  defined  in  section  190.79 of this article and has been previously
convicted within the last [five years of identity  theft  in  the  third
degree as defined in section 190.78, identity theft in the second degree
as  defined  in  section  190.79,  identity theft in the first degree as
defined in this section, unlawful possession of personal  identification
information  in  the third degree as defined in section 190.81, unlawful
possession of personal identification information in the  second  degree
as  defined in section 190.82, unlawful possession of personal identifi-
cation information in the first degree as  defined  in  section  190.83,
unlawful  possession of a skimmer device in the second degree as defined
in section 190.85, unlawful possession of a skimmer device in the  first
degree  as defined in section 190.86, grand larceny in the fourth degree
as defined in section 155.30, grand  larceny  in  the  third  degree  as
defined in section 155.35, grand larceny in the second degree as defined
in  section  155.40  or  grand larceny in the first degree as defined in
section 155.42 of this chapter] TEN YEARS,  EXCLUDING  ANY  TIME  PERIOD
DURING  WHICH  SUCH PERSON WAS INCARCERATED FOR ANY REASON, OF ANY CRIME
IN THIS ARTICLE OR ARTICLE ONE HUNDRED SEVENTY OF THIS  CHAPTER,  OR  OF
ANY  LARCENY  CRIME AS DEFINED IN ARTICLE ONE HUNDRED FIFTY-FIVE OF THIS

A. 8149--A                         11

CHAPTER, OR OF ANY CRIMINAL  POSSESSION  OF  STOLEN  PROPERTY  CRIME  AS
DEFINED  IN  ARTICLE  ONE HUNDRED SIXTY-FIVE OF THIS CHAPTER; OR ASSUMES
THE IDENTITY OF TEN OR MORE PERSONS BY PRESENTING HIMSELF OR HERSELF  AS
THOSE  OTHER  PERSONS,  OR BY ACTING AS THOSE OTHER PERSONS, OR BY USING
PERSONAL IDENTIFYING INFORMATION OF THOSE  OTHER  PERSONS,  AND  THEREBY
OBTAINING  GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE NAME
OF AT LEAST ONE SUCH PERSON, OR CAUSES FINANCIAL LOSS TO  AT  LEAST  ONE
SUCH PERSON, TO ANOTHER PERSON OR PERSONS.
  Identity theft in the [first] THIRD degree is a class D felony.
  S  27.  Section  190.80-a of the penal law, as added by chapter 226 of
the laws of 2008, is renumbered section 190.80-c and  amended,  and  two
new sections 190.80-a and 190.80-b are added to read as follows:
S 190.80-A IDENTITY THEFT IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF IDENTITY THEFT IN THE SECOND DEGREE WHEN:
  1. HE OR SHE KNOWINGLY AND WITH INTENT TO DEFRAUD ASSUMES THE IDENTITY
OF ANOTHER PERSON BY PRESENTING HIMSELF OR HERSELF AS THAT OTHER PERSON,
OR  BY  ACTING  AS  THAT  OTHER  PERSON OR BY USING PERSONAL IDENTIFYING
INFORMATION OF THAT OTHER PERSON, AND THEREBY:
  A. OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES  CREDIT  IN  THE
NAME   OF  SUCH  OTHER  PERSON  IN  AN  AGGREGATE  AMOUNT  THAT  EXCEEDS
TWENTY-FIVE THOUSAND DOLLARS; OR
  B. CAUSES FINANCIAL LOSS TO SUCH PERSON TO ANOTHER PERSON  OR  PERSONS
IN AN AGGREGATE AMOUNT THAT EXCEEDS TWENTY-FIVE THOUSAND DOLLARS; OR
  C.  COMMITS  OR  ATTEMPTS  TO  COMMIT A CLASS C FELONY OR HIGHER LEVEL
CRIME OR ACTS AS AN ACCESSORY IN THE COMMISSION OF A CLASS C  OR  HIGHER
LEVEL FELONY; OR
  D.  COMMITS THE CRIME OF IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED
IN SECTION 190.80 OF THIS ARTICLE  AND  HAS  BEEN  PREVIOUSLY  CONVICTED
WITHIN  THE  LAST TEN YEARS, EXCLUDING ANY TIME DURING WHICH SUCH PERSON
WAS INCARCERATED FOR ANY REASON, OF ANY CRIME IN THIS ARTICLE OR ARTICLE
ONE HUNDRED SEVENTY OF THIS CHAPTER, OR ANY LARCENY CRIME AS DEFINED  IN
ARTICLE  ONE  HUNDRED  FIFTY-FIVE  OF  THIS  CHAPTER, OR OF ANY CRIMINAL
POSSESSION OF STOLEN PROPERTY CRIME AS DEFINED IN  ARTICLE  ONE  HUNDRED
SIXTY-FIVE OF THIS CHAPTER; OR
  2.  ASSUMES  THE  IDENTITY OF TWENTY-FIVE OR MORE PERSON BY PRESENTING
HIMSELF OR HERSELF AS THOSE OTHER PERSONS, OR BY ACTING AS  THOSE  OTHER
PERSONS,  OR  BY  USING  PERSONAL IDENTIFYING INFORMATION OF THOSE OTHER
PERSONS, AND THEREBY OBTAINS GOODS, MONEY, PROPERTY OR  OR  SERVICES  OR
USES CREDIT IN THE NAME OF AT LEAST ONE SUCH PERSON, OR CAUSES FINANCIAL
LOSS TO AT LEAST ONE SUCH PERSON, OR TO ANOTHER PERSON OR PERSONS.
  IDENTITY THEFT IN THE SECOND DEGREE OF A CLASS C FELONY.
S 190.80-B IDENTITY THEFT IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF IDENTITY THEFT IN THE FIRST DEGREE WHEN:
  1. HE OR SHE KNOWINGLY AND WITH INTENT TO DEFRAUD ASSUMES THE IDENTITY
OF ANOTHER PERSON BY PRESENTING HIMSELF OR HERSELF AS THAT OTHER PERSON,
OR  BY  ACTING  AS  THAT  OTHER  PERSON OR BY USING PERSONAL IDENTIFYING
INFORMATION, AND THEREBY:
  A. OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES  CREDIT  IN  THE
NAME  OF  SUCH  OTHER  PERSON  IN  AN AGGREGATE AMOUNT THAT EXCEEDS FIVE
HUNDRED THOUSAND DOLLARS; OR
  B. CAUSES FINANCIAL LOSS TO  SUCH  PERSON  OR  TO  ANOTHER  PERSON  OR
PERSONS  IN  AN  AGGREGATE  AMOUNT  THAT  EXCEEDS  FIVE HUNDRED THOUSAND
DOLLARS; OR
  C. COMMITS OR ATTEMPTS TO COMMIT A CLASS  B  FELONY  OR  HIGHER  LEVEL
CRIME  OR  ACT  AS AN ACCESSORY IN THE COMMISSION OF A CLASS B OR HIGHER
LEVEL FELONY; OR

A. 8149--A                         12

  D. COMMITS THE CRIME OF IDENTITY THEFT IN THE SECOND DEGREE AS DEFINED
IN SECTION 190.80-A OF THIS ARTICLE AND HAS  BEEN  PREVIOUSLY  CONVICTED
WITHIN  THE  LAST TEN YEARS, EXCLUDING ANY TIME DURING WHICH SUCH PERSON
WAS INCARCERATED FOR ANY REASON, OF ANY CRIME IN THIS ARTICLE OR ARTICLE
ONE  HUNDRED SEVENTY OF THIS CHAPTER, OR OF ANY LARCENY CRIME AS DEFINED
IN ARTICLE ONE HUNDRED FIFTY-FIVE OF THIS CHAPTER, OR  OF  ANY  CRIMINAL
POSSESSION  OF  STOLEN  PROPERTY CRIME AS DEFINED IN ARTICLE ONE HUNDRED
SIXTY-FIVE OF THIS CHAPTER; OR
  2. ASSUMES THE IDENTITY OF ONE HUNDRED OR MORE PERSONS  BY  PRESENTING
HIMSELF  OR  HERSELF AS THOSE OTHER PERSONS, OR BY ACTING AS THOSE OTHER
PERSONS, OR BY USING PERSONAL IDENTIFYING  INFORMATION  OF  THOSE  OTHER
PERSONS,  AND THEREBY OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES
CREDIT IN THE NAME OF A LEAST ON SUCH PERSON, OR CAUSES  FINANCIAL  LOSS
TO AT LEAST ON SUCH PERSON, OR TO ANOTHER PERSON OR PERSONS.
  IDENTITY THEFT IN THE FIRST DEGREE IS A CLASS B FELONY.
S 190.80-c Aggravated identity theft.
  A  person  is guilty of aggravated identity theft when he or she know-
ingly and with intent to defraud assumes the identity of another  person
by  presenting  himself or herself as that other person, or by acting as
that other person or by using personal identifying information  of  that
other  person, and knows that such person is a member of the armed forc-
es, and knows that such member is  presently  deployed  outside  of  the
continental  United  States  OR  KNOWS  THAT SUCH PERSON IS A VULNERABLE
ELDERLY PERSON OR A PHYSICALLY DISABLED PERSON AS SUCH TERMS ARE DEFINED
IN SECTION 260.31 OF THIS CHAPTER AND:
  1. thereby obtains goods, money, property or services or  uses  credit
in the name of such [member of the armed forces] INDIVIDUAL in an aggre-
gate amount that exceeds five hundred dollars; or
  2.  thereby causes financial loss to such [member of the armed forces]
INDIVIDUAL in an aggregate amount that exceeds five hundred dollars.
  Aggravated identity theft is a class D felony.
  S 28. Sections 190.85 and 190.86 of the penal law, as added by chapter
279 of the laws of 2008, are amended to read as follows:
S 190.85 [Unlawful] CRIMINAL possession  of  a  skimmer  device  in  the
           second degree.
  1.  A  person is guilty of [unlawful] CRIMINAL possession of a skimmer
device in the second degree when he or she possesses  a  skimmer  device
with  the  intent that such device be used in furtherance of the commis-
sion of the crime of identity theft [or unlawful possession of  personal
identification  information]  as  defined  in  this  article, LARCENY AS
DEFINED IN ARTICLE ONE HUNDRED FIFTY-FIVE OF THIS CHAPTER;  OR  CRIMINAL
POSSESSION  OF  STOLEN  PROPERTY  AS  DEFINED  IN  ARTICLE  ONE  HUNDRED
SIXTY-FIVE OF THIS CHAPTER.
  2. For purposes of this  article,  "skimmer  device"  means  a  device
designed  or  adapted  to obtain personal identifying information from a
credit card, debit card, public benefit card, access card or device,  or
other card or device that contains personal identifying information.
  [Unlawful]  CRIMINAL  possession  of  a  skimmer  device in the second
degree is a class [A misdemeanor] D FELONY.
S 190.86 [Unlawful] CRIMINAL possession of a skimmer device in the first
            degree.
  A person is guilty of [unlawful]  CRIMINAL  possession  of  a  skimmer
device  in  the first degree when he or she commits the crime of [unlaw-
ful] CRIMINAL possession of a skimmer device in the second degree and he
or she has been previously convicted within  the  last  [five  years  of
identity theft in the third degree as defined in section 190.78, identi-

A. 8149--A                         13

ty  theft  in  the  second degree as defined in section 190.79, identity
theft in the  first  degree  as  defined  in  section  190.80,  unlawful
possession of personal identification information in the third degree as
defined  in  section 190.81, unlawful possession of personal identifica-
tion information in the second degree  as  defined  in  section  190.82,
unlawful  possession of personal identification information in the first
degree as defined in section 190.83, unlawful possession  of  a  skimmer
device  in  the  second  degree  as  defined in section 190.85, unlawful
possession of a skimmer device in the first degree as  defined  in  this
section,  grand  larceny  in  the  fourth  degree  as defined in section
155.30, grand larceny in the third degree as defined in section  155.35,
grand larceny in the second degree as defined in section 155.40 or grand
larceny  in  the first degree as defined in section 155.42 of this chap-
ter] TEN YEARS, EXCLUDING ANY TIME DURING WHICH SUCH PERSON  WAS  INCAR-
CERATED  FOR  ANY  REASON,  FOR ANY CRIME IN THIS ARTICLE OR ARTICLE ONE
HUNDRED SEVENTY OF THIS CHAPTER, OR OF ANY LARCENY CRIME AS  DEFINED  IN
ARTICLE  ONE  HUNDRED  FIFTY-FIVE  OF  THIS  CHAPTER, OR OF ANY CRIMINAL
POSSESSION OF STOLEN PROPERTY CRIME AS DEFINED IN  ARTICLE  ONE  HUNDRED
SIXTY-FIVE OF THIS CHAPTER.
  [Unlawful] CRIMINAL possession of a skimmer device in the first degree
is a class [E] C felony.
  S  29. Paragraph (l) of subdivision 4 of section 20.40 of the criminal
procedure law, as amended by section 3 of subpart C of part C of chapter
97 of the laws of 2011, is amended to read as follows:
  (l) An offense of identity  theft,  LARCENY,  CRIMINAL  POSSESSION  OF
STOLEN PROPERTY, or unlawful possession of personal identifying informa-
tion,  IN  WHICH THE PROPERTY STOLEN OR CRIMINALLY POSSESSED IS PERSONAL
IDENTIFYING INFORMATION OR COMPUTER DATA OR COMPUTER  PROGRAM,  and  all
criminal  acts  committed  as  part  of the same criminal transaction as
defined in subdivision two of section 40.10 of this chapter may be pros-
ecuted (i) in any county in which part of the offense took place regard-
less of whether the defendant was actually present in  such  county,  or
(ii)  in  the  county  in  which  the  person who suffers financial loss
resided at the time of the commission of the offense, or  (iii)  in  the
county  where the person whose personal identifying information was used
in the commission of the offense resided at the time of  the  commission
of the offense. The law enforcement agency of any such county shall take
a police report of the matter and provide the complainant with a copy of
such report at no charge.
  S  30.  Subdivision 2 of section 690.05 of the criminal procedure law,
as amended by chapter 504 of the laws of 1991, the opening paragraph  as
amended  by  chapter  424  of  the  laws  of 1998, is amended to read as
follows:
  2. A search warrant is a court order and process  directing  a  police
officer, DISTRICT ATTORNEY OR OTHER PUBLIC SERVANT OF THE KIND DESCRIBED
IN SUBDIVISION ONE OF THIS SECTION, to conduct:
  (a) a search of designated premises, or of a designated vehicle, or of
a designated person, OR OF AN ELECTRONIC COMMUNICATION SERVICE OR REMOTE
COMPUTING  SERVICE,  for  the  purpose of seizing designated property or
kinds of property, and to deliver any property so obtained to the  court
which issued the warrant; or
  (b) a search of a designated premises for the purpose of searching for
and  arresting  a  person who is the subject of: (i) a warrant of arrest
issued pursuant to this chapter, a  superior  court  warrant  of  arrest
issued  pursuant to this chapter, or a bench warrant for a felony issued

A. 8149--A                         14

pursuant to this chapter, where the designated premises is the  dwelling
of a third party who is not the subject of the arrest warrant; or
  (ii)  a  warrant  of arrest issued by any other state or federal court
for an offense which would constitute a felony under the  laws  of  this
state,  where  the  designated premises is the dwelling of a third party
who is not the subject of the arrest warrant.
  AS USED IN THIS SECTION, THE TERM "ELECTRONIC COMMUNICATIONS  SERVICE"
MEANS ANY SERVICE WHICH PROVIDES TO USERS THEREOF THE ABILITY TO SEND OR
RECEIVE  WIRE  OR  ELECTRONIC COMMUNICATIONS. "REMOTE COMPUTING SERVICE"
MEANS ANY SERVICE WHICH PROVIDES TO USERS THEREOF  COMPUTER  STORAGE  OR
PROCESSING SERVICES BY MEANS OF AN ELECTRONIC COMMUNICATIONS SYSTEM. THE
TERMS  "ELECTRONIC COMMUNICATION SERVICE" AND "REMOTE COMPUTING SERVICE"
SHALL BE CONSTRUED IN  ACCORDANCE  WITH  THE  ELECTRONIC  COMMUNICATIONS
PRIVACY  ACT  IN CHAPTER 121 (COMMENCING WITH SECTION 2701) OF PART I OF
TITLE 18 OF THE UNITED STATE CODE  ANNOTATED.  THIS  SECTION  SHALL  NOT
APPLY  TO CORPORATIONS THAT DO NOT PROVIDE THOSE SERVICES TO THE GENERAL
PUBLIC.
  S 31. Subdivision 1 of section 690.15 of the criminal procedure law is
amended to read as follows:
  1.   A search warrant must direct a search  of  one  or  more  of  the
following:
  (a)  A designated or described place or premises;
  (b)    A  designated  or described vehicle, as that term is defined in
section 10.00 of the penal law;
  (c)  A designated or described person[.];
  (D) A DESIGNATED OR  DESCRIBED  ELECTRONIC  COMMUNICATION  SERVICE  OR
REMOTE COMPUTING SERVICE.
  S  32.  Section  690.20  of  the  criminal procedure law is amended by
adding a new subdivision 3 to read as follows:
  3. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION TO  THE  CONTRARY
NOTWITHSTANDING,  A  SEARCH WARRANT DIRECTING THE SEARCH OF A DESIGNATED
OR  DESCRIBED  ELECTRONIC  COMMUNICATION  SERVICE  OR  REMOTE  COMPUTING
SERVICE,  MAY BE EXECUTED ON ANY COMPANY, CORPORATION OR ENTITY WHICH IS
HEADQUARTERED OR LOCATED OUTSIDE OF THE STATE OF  NEW  YORK,  AND  WHICH
CONDUCTS ITS REGULAR BUSINESS IN NEW YORK OR THAT OFFERS ITS SERVICES TO
RESIDENTS  OF  NEW  YORK.  SERVICE  ON ANY SUCH ELECTRONIC COMMUNICATION
SERVICE OR REMOTE COMPUTING SERVICE  ENTITY  MAY  BE  MADE  BY  PERSONAL
DELIVERY WITHIN THE STATE, BY REGISTERED OR CERTIFIED MAIL.  SERVICE MAY
ALSO  BE  MADE  BY FACSIMILE OR OTHER ELECTRONIC MEANS IF THE SERVICE IS
ACCOMPANIED WITH A CERTIFICATION FROM THE SENDER THAT SUCH SENDER  IS  A
POLICE  OFFICER,  DISTRICT ATTORNEY OR OTHER PUBLIC SERVANT SPECIFIED IN
SUBDIVISION ONE OF SECTION 690.05 OF THIS ARTICLE. IF  AN  ENTITY  SHALL
REFUSE  SUCH  SERVICE,  THEN  SUCH  POLICE OFFICER, DISTRICT ATTORNEY OR
OTHER PUBLIC SERVANT LOCATED WITHIN THE JURISDICTION IN WHICH THE  ELEC-
TRONIC  COMMUNICATION  SERVICE  OR  REMOTE  COMPUTING  SERVICE ENTITY IS
LOCATED MAY SERVE THE WARRANT UPON SUCH ENTITY. A SEARCH WARRANT  ISSUED
PURSUANT TO THIS SUBDIVISION SHALL BE LIMITED IN SCOPE TO THE DESIGNATED
OR  DESCRIBED  ELECTRONIC RECORDS OR DATA, EITHER IN PAPER OR ELECTRONIC
FORM, THAT ARE MADE, KEPT, OR MAINTAINED BY THE ELECTRONIC COMMUNICATION
SERVICE OR REMOTE COMPUTING SERVICE, AND SHALL  NOT  INCLUDE  ANY  OTHER
PHYSICAL OR TANGIBLE ITEMS. ANY ELECTRONIC RECORDS OR DATA RESPONSIVE TO
A  SEARCH  WARRANT ISSUED PURSUANT TO THIS SUBDIVISION SHALL BE ADMITTED
INTO EVIDENCE BEFORE THE GRAND JURY OR AT TRIAL IN ACCORD WITH THE RULES
AND LAWS OF NEW YORK STATE.
  S 33. Section 690.30 of the  criminal  procedure  law  is  amended  by
adding a new subdivision 3 to read as follows:

A. 8149--A                         15

  3.  ANY  PROVISION  OF SUBDIVISION ONE OF THIS SECTION TO THE CONTRARY
NOTWITHSTANDING, A SEARCH WARRANT THAT IS ISSUED PURSUANT TO SUBDIVISION
THREE OF SECTION 690.20 OF THIS ARTICLE IS DEEMED EXECUTED AT  THE  TIME
THAT SERVICE IS MADE UPON THE ELECTRONIC COMMUNICATION SERVICE OR REMOTE
COMPUTING SERVICE ENTITY PURSUANT TO SUCH SUBDIVISION.
  S  34.  Section  496.06  of  the  penal law, as added by section 14 of
subpart A of part H of chapter 55 of the laws of  2014,  is  amended  to
read as follows:
S 496.06 Public corruption.
  1. A person commits the crime of public corruption when: (a) (i) being
a  public  servant he or she commits a specified offense through the use
of his or her public office, or (ii) being a person  acting  in  concert
with  such public servant he or she commits a specified offense, and (b)
the state or any  political  subdivision  thereof  or  any  governmental
instrumentality within the state is the owner of the property.
  2. A "specified offense" is an offense defined by any of the following
provisions  of  this  chapter:  section  155.25 (petit larceny); section
155.30 (grand larceny in  the  fourth  degree);  section  155.35  (grand
larceny  in  the  third  degree);  section  155.40 (grand larceny in the
second degree); section 155.42 (grand  larceny  in  the  first  degree);
section 190.60 (scheme to defraud in the [second] FIFTH degree); SECTION
190.62  (SCHEME TO DEFRAUD IN THE FOURTH DEGREE); SECTION 190.63 (SCHEME
TO DEFRAUD IN THE THIRD DEGREE); SECTION 190.64 (SCHEME  TO  DEFRAUD  IN
THE  SECOND  DEGREE);  or section 190.65 (scheme to defraud in the first
degree).
  S 35. Section 190.77 of the penal law, as amended by  chapter  226  of
the  laws of 2008, subdivision 1 as separately amended by chapter 279 of
the laws of 2008, is amended to read as follows:
S 190.77 Offenses involving theft of identity; definitions.
  1.  For  the  purposes  of  sections  190.78,  190.79,  190.80  [and],
190.80-a,  190.80-B, 190.80-C and 190.85 of this article "personal iden-
tifying information" means a person's name, address,  telephone  number,
date of birth, driver's license number, social security number, place of
employment,  mother's  maiden name, financial services account number or
code, savings account number or code, checking account number  or  code,
brokerage  account  number  or code, credit card account number or code,
debit card number or code, automated  teller  machine  number  or  code,
taxpayer  identification  number, computer system password, signature or
copy of a signature, electronic signature, unique biometric data that is
a fingerprint, voice print, retinal  image  or  iris  image  of  another
person,  telephone  calling card number, mobile identification number or
code, electronic serial number or personal identification number, or any
other name, number, code or information that may be  used  alone  or  in
conjunction with other such information to assume the identity of anoth-
er person.
  2.  For  the  purposes  of  sections 190.78, 190.79, 190.80, 190.80-a,
190.80-B, 190.80-C, 190.81, 190.82 and 190.83 of this article:
  a. "electronic signature" shall have the same meaning  as  defined  in
subdivision  three  of section three hundred two of the state technology
law.
  b. "personal identification number" means any number or code which may
be used alone or in conjunction with any other information to assume the
identity of another person or access financial resources  or  credit  of
another person.
  c.  "member  of  the armed forces" shall mean a person in the military
service of the United States or  the  military  service  of  the  state,

A. 8149--A                         16

including but not limited to, the armed forces of the United States, the
army national guard, the air national guard, the New York naval militia,
the  New York guard, and such additional forces as may be created by the
federal or state government as authorized by law.
  S  36. Subdivision 2 of section 190.83 of the penal law, as separately
amended by chapters 226 and 279 of the laws of 2008, is amended to  read
as follows:
  2.  he or she has been previously convicted within the last five years
of identity theft in the third degree as  defined  in  section  [190.78]
190.80,  identity  theft  in  the  second  degree  as defined in section
[190.79] 190.80-A, identity theft in the  first  degree  as  defined  in
section  [190.80]  190.80-B, unlawful possession of personal identifica-
tion information in the third  degree  as  defined  in  section  190.81,
unlawful possession of personal identification information in the second
degree  as  defined  in  section 190.82, unlawful possession of personal
identification information in  the  first  degree  as  defined  in  this
section,  [unlawful]  CRIMINAL  possession  of  a  skimmer device in the
second  degree  as  defined  in  section  190.85,  [unlawful]   CRIMINAL
possession of a skimmer device in the first degree as defined in section
190.86, grand larceny in the fourth degree as defined in section 155.30,
grand  larceny  in  the third degree as defined in section 155.35, grand
larceny in the second degree as  defined  in  section  155.40  or  grand
larceny  in  the first degree as defined in section 155.42 of this chap-
ter; or
  S 37. Paragraph (s) of subdivision 8 of section 700.05 of the criminal
procedure law, as added by chapter 619 of the laws of 2002,  is  amended
to read as follows:
  (s)  Identity  theft  in  the  second  degree,  as  defined in section
[190.79] 190.80-A of the penal law, identity theft in the first  degree,
as  defined  in  section  [190.80]  190.80-B  of the penal law, unlawful
possession of personal identification information in the second  degree,
as  defined  in section 190.82 of the penal law, and unlawful possession
of personal identification information in the first degree,  as  defined
in section 190.83 of the penal law.
  S  38.  Paragraph  (a) of subdivision 3 of section 490.05 of the penal
law, as amended by section 7 of part A of chapter 1 of the laws of 2004,
is amended to read as follows:
  (a) "Specified offense" for purposes of this article means a  class  A
felony  offense  other than an offense as defined in article two hundred
twenty,  a  violent  felony  offense  as  defined  in   section   70.02,
manslaughter in the second degree as defined in section 125.15, criminal
tampering  in  the  first  degree as defined in section 145.20, identity
theft in the second degree as  defined  in  section  [190.79]  190.80-A,
identity  theft  in  the  first  degree  as  defined in section [190.80]
190.80-B, unlawful possession of personal identification information  in
the  second  degree as defined in section 190.82, unlawful possession of
personal identification information in the first degree  as  defined  in
section  190.83,  money laundering in support of terrorism in the fourth
degree as defined in section 470.21,  money  laundering  in  support  of
terrorism  in the third degree as defined in section 470.22, money laun-
dering in support of terrorism  in  the  second  degree  as  defined  in
section  470.23,  money  laundering in support of terrorism in the first
degree as defined in section 470.24 of this  chapter,  and  includes  an
attempt or conspiracy to commit any such offense.
  S  39.  Subdivision  1  and  paragraph (b) of subdivision 4 of section
60.27 of the penal law, subdivision 1 as amended by chapter 279  of  the

A. 8149--A                         17

laws  of  2008, and paragraph (b) of subdivision 4 as amended by chapter
313 of the laws of 2011, are amended to read as follows:
  1.  In addition to any of the dispositions authorized by this article,
the court shall consider restitution or reparation to the victim of  the
crime  and may require restitution or reparation as part of the sentence
imposed upon a person convicted of an offense, and after  providing  the
district attorney with an opportunity to be heard in accordance with the
provisions  of  this subdivision, require the defendant to make restitu-
tion of the fruits of his or her offense or reparation  for  the  actual
out-of-pocket  loss  caused  thereby  and, in the case of a violation of
section 190.78, 190.79, 190.80, 190.80-A, 190.80-B, 190.82 or 190.83  of
this  chapter,  any  costs  or losses incurred due to any adverse action
taken against the victim. The district attorney shall where appropriate,
advise the court at or before the time of  sentencing  that  the  victim
seeks  restitution  or reparation, the extent of injury or economic loss
or damage of the victim, and the amount  of  restitution  or  reparation
sought  by  the  victim  in  accordance with his or her responsibilities
under subdivision two of section 390.50 of the  criminal  procedure  law
and  article twenty-three of the executive law. The court shall hear and
consider the information presented by  the  district  attorney  in  this
regard.  In that event, or when the victim impact statement reports that
the victim seeks restitution or reparation,  the  court  shall  require,
unless the interests of justice dictate otherwise, in addition to any of
the  dispositions  authorized  by  this  article that the defendant make
restitution of the fruits of the offense and reparation for  the  actual
out-of-pocket  loss  and,  in the case of a violation of section 190.78,
190.79, 190.80, 190.82 or 190.83 of this chapter, any  costs  or  losses
incurred due to any adverse action, caused thereby to the victim. In the
event  that  restitution  or reparation are not ordered, the court shall
clearly state its reasons on the record. Adverse action as used in  this
subdivision  shall  mean and include actual loss incurred by the victim,
including an amount equal to the value of the time reasonably  spent  by
the  victim attempting to remediate the harm incurred by the victim from
the offense, and the consequential financial losses from such action.
  (b) the term "victim" shall include the victim  of  the  offense,  the
representative  of  a  crime  victim  as  defined  in subdivision six of
section six hundred twenty-one of the executive law, an individual whose
identity was assumed or whose personal identifying information was  used
in  violation  of  section  190.78,  190.79  [or],  190.80,  190.80-A OR
190.80-B of this chapter, or any person who  has  suffered  a  financial
loss  as  a  direct  result  of  the acts of a defendant in violation of
section 190.78, 190.79, 190.80, 190.80-A, 190.80-B, 190.82 or 190.83  of
this  chapter,  a good samaritan as defined in section six hundred twen-
ty-one of the executive law and the office of victim services  or  other
governmental agency that has received an application for or has provided
financial assistance or compensation to the victim.  A victim shall also
mean  any  owner  or  lawful  producer of a master recording, or a trade
association that represents such owner  or  lawful  producer,  that  has
suffered  injury  as  a  result  of an offense as defined in article two
hundred seventy-five of this chapter.
  S 40. This act shall take effect immediately.