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Assembly Bill A3298

2017-2018 Legislative Session

Relates to criminal possession of computer related material

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Archive: Last Bill Status - In Assembly Committee

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2017-A3298 (ACTIVE) - Details

See Senate Version of this Bill:
S954
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §156.35, add §156.36, Pen L
Versions Introduced in 2015-2016 Legislative Session:
A6136, S3406

2017-A3298 (ACTIVE) - Summary

Relates to criminal possession of computer related material in the first and second degree.

2017-A3298 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3298
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation  to  criminal  possession  of
   computer related material
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 156.35 of the penal law, as added by chapter 514 of
 the laws of 1986, is amended to read as follows:
 § 156.35 Criminal possession of computer related material IN THE  SECOND
            DEGREE.
   A person is guilty of criminal possession of computer related material
 IN  THE SECOND DEGREE when having no right to do so, he OR SHE knowingly
 possesses, in any form, any  copy,  reproduction  or  duplicate  of  any
 computer data or computer program which was copied, reproduced or dupli-
 cated  in  violation  of  section 156.30 of this article, with intent to
 benefit himself, HERSELF or a person other than an owner thereof.
   Criminal possession of computer related material IN THE SECOND  DEGREE
 is a class E felony.
   §  2.  The penal law is amended by adding a new section 156.36 to read
 as follows:
 § 156.36 CRIMINAL POSSESSION OF COMPUTER RELATED MATERIAL IN  THE  FIRST
            DEGREE.
   A PERSON IS GUILTY OF CRIMINAL POSSESSION OF COMPUTER RELATED MATERIAL
 IN  THE  FIRST  DEGREE WHEN, AFTER THE UNAUTHORIZED USE OF A COMPUTER IN
 VIOLATION OF SECTION 156.05 OF THIS ARTICLE, A PERSON, HAVING  NO  RIGHT
 TO  DO  SO,  KNOWINGLY POSSESSES, IN ANY FORM, ANY COPY, REPRODUCTION OR
 DUPLICATE OF ANY COMPUTER DATA OR COMPUTER  PROGRAM  WHICH  WAS  COPIED,
 REPRODUCED OR DUPLICATED IN VIOLATION OF SECTION 156.30 OF THIS ARTICLE,
 WITH  INTENT TO BENEFIT HIMSELF, HERSELF OR A PERSON OTHER THAN AN OWNER
 THEREOF, AND THE COPYING, REPRODUCTION OR DUPLICATION OF  SUCH  COMPUTER
 DATA  OR COMPUTER PROGRAM CAUSES FINANCIAL HARM TO ANOTHER PERSON, PART-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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