S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    113
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 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 trademark counterfeiting
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 165.71 of the penal law, as added by chapter 490 of
 the laws of 1992, is amended to read as follows:
 § 165.71 Trademark counterfeiting in the [third] FOURTH degree.
   A  person  is guilty of trademark counterfeiting in the [third] FOURTH
 degree when, with the intent to deceive or defraud some other person  or
 with  the  intent  to  evade  a  lawful restriction on the sale, resale,
 offering for sale, or distribution of goods,  he  or  she  manufactures,
 distributes,  sells,  or  offers for sale goods which bear a counterfeit
 trademark, or possesses a trademark knowing it to be counterfeit for the
 purpose of affixing it to any goods.
   Trademark counterfeiting in the [third] FOURTH degree  is  a  class  A
 misdemeanor.
   § 2. Section 165.72 of the penal law, as amended by chapter 535 of the
 laws of 1995, is amended to read as follows:
 § 165.72 Trademark counterfeiting in the [second] THIRD degree.
   A  person  is guilty of trademark counterfeiting in the [second] THIRD
 degree when, with the intent to deceive or defraud some other person  or
 with  the  intent  to  evade  a  lawful restriction on the sale, resale,
 offering for sale, or distribution of goods,  he  or  she  manufactures,
 distributes,  sells,  or  offers for sale goods which bear a counterfeit
 trademark, or possesses a trademark knowing it to be counterfeit for the
 purpose of affixing it to any goods, and the retail value  of  all  such
 goods  bearing  OR  INTENDED  TO BEAR counterfeit trademarks exceeds one
 thousand dollars OR THE TOTAL NUMBERS OF ALL SUCH GOODS BEARING COUNTER-
 FEIT TRADEMARKS EXCEEDS TWO HUNDRED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05323-01-7

 S. 113                              2
 
   Trademark counterfeiting in the [second] THIRD degree  is  a  class  E
 felony.
   § 3. Section 165.73 of the penal law, as amended by chapter 535 of the
 laws of 1995, is amended to read as follows:
 § 165.73 Trademark counterfeiting in the [first] SECOND degree.
   A  person  is guilty of trademark counterfeiting in the [first] SECOND
 degree when, with the intent to deceive or defraud some other person, or
 with the intent to evade a  lawful  restriction  on  the  sale,  resale,
 offering  for  sale,  or  distribution of goods, he or she manufactures,
 distributes, sells, or offers for sale goods which  bear  a  counterfeit
 trademark, or possesses a trademark knowing it to be counterfeit for the
 purpose  of  affixing  it to any goods, and the retail value of all such
 goods bearing OR INTENDED TO BEAR counterfeit  trademarks  exceeds  [one
 hundred  thousand  dollars]  TWENTY-FIVE  THOUSAND  DOLLARS OR THE TOTAL
 NUMBERS OF ALL SUCH GOODS BEARING  COUNTERFEIT  TRADEMARKS  EXCEEDS  TWO
 THOUSAND.
   Trademark counterfeiting in the [first] SECOND degree is a class [C] D
 felony.
   §  4. Section 165.74 of the penal law is renumbered section 165.75 and
 a new section 165.74 is added to read as follows:
 § 165.74 TRADEMARK COUNTERFEITING IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF TRADEMARK COUNTERFEITING  IN  THE  FIRST  DEGREE
 WHEN,  WITH  THE INTENT TO DECEIVE OR DEFRAUD SOME OTHER PERSON, OR WITH
 THE INTENT TO EVADE A LAWFUL RESTRICTION ON THE SALE,  RESALE,  OFFERING
 FOR SALE, OR DISTRIBUTION OF GOODS, HE OR SHE MANUFACTURES, DISTRIBUTES,
 SELLS,  OR  OFFERS FOR SALE GOODS WHICH BEAR A COUNTERFEIT TRADEMARK, OR
 POSSESSES A TRADEMARK KNOWING IT TO BE COUNTERFEIT FOR  THE  PURPOSE  OF
 AFFIXING IT TO ANY GOODS, AND THE RETAIL VALUE OF ALL SUCH GOODS BEARING
 OR  INTENDED TO BEAR COUNTERFEIT TRADEMARKS EXCEEDS ONE HUNDRED THOUSAND
 DOLLARS OR THE TOTAL NUMBERS  OF  ALL  SUCH  GOODS  BEARING  COUNTERFEIT
 TRADEMARKS EXCEEDS TEN THOUSAND.
   TRADEMARK COUNTERFEITING IN THE FIRST DEGREE IS A CLASS C FELONY.
   § 5. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.