The New York State Senate

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

                                  1563

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 10, 2017
                               ___________

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

AN ACT to amend the penal law and the  executive  law,  in  relation  to
  offenses  involving  theft  of identity and computer tampering; and to
  repeal certain provisions of the penal law relating thereto

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

  Section 1. Title K of the penal law is amended by adding a new article
191 to read as follows:
                               ARTICLE 191
                  OFFENSES INVOLVING THEFT OF IDENTITY
SECTION 191.00 DEFINITIONS.
        191.05 IDENTITY THEFT IN THE FIFTH DEGREE.
        191.10 IDENTITY THEFT IN THE FOURTH DEGREE.
        191.15 IDENTITY THEFT IN THE THIRD DEGREE.
        191.20 IDENTITY THEFT IN THE SECOND DEGREE.
        191.25 IDENTITY THEFT IN THE FIRST DEGREE.
        191.30 AGGRAVATED IDENTITY THEFT IN THE SECOND DEGREE.
        191.35 AGGRAVATED IDENTITY THEFT IN THE FIRST DEGREE.
        191.40 CRIMINAL  POSSESSION  OF  A  SKIMMER DEVICE IN THE SECOND
                 DEGREE.
        191.45 CRIMINAL POSSESSION OF A  SKIMMER  DEVICE  IN  THE  FIRST
                 DEGREE.
§ 191.00 DEFINITIONS.
  1. FOR THE PURPOSES OF THIS ARTICLE "PERSONAL IDENTIFYING INFORMATION"
MEANS  A  PERSON'S NAME, ADDRESS, TELEPHONE NUMBER, DATE OF BIRTH, DRIV-
ER'S LICENSE NUMBER, SOCIAL SECURITY NUMBER, PLACE OF EMPLOYMENT,  MOTH-
ER'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  IDEN-

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

                                                           LBD01207-02-7

S. 1563                             2

TIFICATION  NUMBER,  COMPUTER  SYSTEM  PASSWORD,  SIGNATURE OR COPY OF A
SIGNATURE, ELECTRONIC SIGNATURE, UNIQUE BIOMETRIC DATA THAT IS A FINGER-
PRINT, VOICE PRINT, RETINAL IMAGE OR IRIS IMAGE OF ANOTHER PERSON, TELE-
PHONE  CALLING  CARD NUMBER, MOBILE IDENTIFICATION NUMBER OR CODE, ELEC-
TRONIC  SERIAL  NUMBER  OR  PERSONAL  IDENTIFICATION   NUMBER,   MEDICAL
INFORMATION,  MEDICAL  INSURANCE INFORMATION, 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 ANOTHER PERSON.
  2. FOR THE PURPOSES 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,
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.
  (D) "MEDICAL INFORMATION" MEANS ANY INFORMATION REGARDING AN  INDIVID-
UAL'S  MEDICAL  HISTORY, MENTAL OR PHYSICAL CONDITION, OR MEDICAL TREAT-
MENT OR DIAGNOSIS BY A HEALTH CARE PROFESSIONAL.
  (E) "MEDICAL  INSURANCE  INFORMATION"  MEANS  AN  INDIVIDUAL'S  HEALTH
INSURANCE  POLICY NUMBER OR SUBSCRIBER IDENTIFICATION NUMBER, ANY UNIQUE
IDENTIFIER USED BY A HEALTH INSURER TO IDENTIFY THE  INDIVIDUAL  OR  ANY
INFORMATION  IN  AN INDIVIDUAL'S APPLICATION AND CLAIMS HISTORY, INCLUD-
ING, BUT NOT LIMITED TO, APPEALS HISTORY.
§ 191.05 IDENTITY THEFT IN THE FIFTH DEGREE.
  A PERSON IS GUILTY OF IDENTITY THEFT IN THE 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 INFORMATION
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 FIFTH DEGREE IS A CLASS A MISDEMEANOR.
§ 191.10 IDENTITY THEFT IN THE FOURTH DEGREE.
  A PERSON IS GUILTY OF IDENTITY THEFT IN THE FOURTH DEGREE WHEN  HE  OR
SHE KNOWINGLY AND WITH INTENT TO DEFRAUD:
  1.  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 THERE-
BY:
  (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 DOLLARS; OR
  (B) CAUSES FINANCIAL LOSS TO SUCH  PERSON  OR  TO  ANOTHER  PERSON  OR
PERSONS IN AN AGGREGATE AMOUNT THAT EXCEEDS FIVE HUNDRED DOLLARS; OR
  (C)  COMMITS OR ATTEMPTS TO COMMIT A FELONY OR ACTS AS AN ACCESSORY TO
THE COMMISSION OF A FELONY; OR

S. 1563                             3

  (D) COMMITS THE CRIME OF IDENTITY THEFT IN THE FIFTH DEGREE AS DEFINED
IN SECTION 191.05 OF THIS ARTICLE  AND  HAS  BEEN  PREVIOUSLY  CONVICTED
WITHIN  THE  LAST  FIVE  YEARS  OF IDENTITY THEFT IN THE FIFTH DEGREE AS
DEFINED IN SECTION 191.05,  IDENTITY  THEFT  IN  THE  FOURTH  DEGREE  AS
DEFINED  IN  THIS SECTION, IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED
IN SECTION 191.15, IDENTITY THEFT IN THE SECOND  DEGREE  AS  DEFINED  IN
SECTION 191.20, IDENTITY THEFT IN THE FIRST DEGREE AS DEFINED IN SECTION
191.25,  CRIMINAL POSSESSION OF A SKIMMER DEVICE IN THE SECOND DEGREE AS
DEFINED IN SECTION 191.40, CRIMINAL POSSESSION OF A  SKIMMER  DEVICE  IN
THE  FIRST  DEGREE  AS  DEFINED IN SECTION 191.45 OF THIS ARTICLE, 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, GRAND LARCENY IN THE FIRST
DEGREE AS DEFINED IN SECTION 155.42 OF THIS PART, FORGERY IN  THE  THIRD
DEGREE  AS  DEFINED  IN  SECTION 170.05, FORGERY IN THE SECOND DEGREE AS
DEFINED IN SECTION 170.10, FORGERY IN THE FIRST  DEGREE  AS  DEFINED  IN
SECTION  170.15, CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE THIRD
DEGREE AS DEFINED IN SECTION 170.20, CRIMINAL  POSSESSION  OF  A  FORGED
INSTRUMENT  IN THE SECOND DEGREE AS DEFINED IN SECTION 170.25, OR CRIMI-
NAL POSSESSION OF A FORGED INSTRUMENT IN THE FIRST DEGREE AS DEFINED  IN
SECTION 170.30 OF THIS TITLE; OR
  2. ASSUMES THE IDENTITY OF THREE 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 THOSE PERSONS, OR CAUSES FINANCIAL LOSS TO  AT  LEAST  ONE  SUCH
PERSON, OR TO ANOTHER PERSON OR PERSONS.
  IDENTITY THEFT IN THE FOURTH DEGREE IS A CLASS E FELONY.
§ 191.15 IDENTITY THEFT IN THE THIRD DEGREE.
  A  PERSON  IS  GUILTY OF IDENTITY THEFT IN THE THIRD DEGREE WHEN HE OR
SHE KNOWINGLY AND WITH INTENT TO DEFRAUD:
  1. 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  THERE-
BY:
  (A)  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
  (B)  CAUSES  FINANCIAL  LOSS  TO  SUCH  PERSON OR TO ANOTHER PERSON OR
PERSONS IN AN AGGREGATE AMOUNT THAT EXCEEDS TWO THOUSAND DOLLARS; OR
  (C) 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; OR
  (D) COMMITS THE CRIME OF  IDENTITY  THEFT  IN  THE  FOURTH  DEGREE  AS
DEFINED  IN  SECTION  191.10  OF  THIS  ARTICLE  AND HAS BEEN PREVIOUSLY
CONVICTED WITHIN THE LAST FIVE YEARS OF  IDENTITY  THEFT  IN  THE  FIFTH
DEGREE AS DEFINED IN SECTION 191.05, IDENTITY THEFT IN THE FOURTH DEGREE
AS  DEFINED  IN  SECTION  191.10,  IDENTITY THEFT IN THE THIRD DEGREE AS
DEFINED IN THIS SECTION, IDENTITY THEFT IN THE SECOND DEGREE AS  DEFINED
IN  SECTION  191.20,  IDENTITY  THEFT  IN THE FIRST DEGREE AS DEFINED IN
SECTION 191.25, AGGRAVATED  IDENTITY  THEFT  IN  THE  SECOND  DEGREE  AS
DEFINED IN SECTION 191.30, AGGRAVATED IDENTITY THEFT IN THE FIRST DEGREE
AS DEFINED IN SECTION 191.35, CRIMINAL POSSESSION OF A SKIMMER DEVICE IN
THE SECOND DEGREE AS DEFINED IN SECTION 191.40, CRIMINAL POSSESSION OF A
SKIMMER  DEVICE IN THE FIRST DEGREE AS DEFINED IN SECTION 191.45 OF THIS
ARTICLE, GRAND LARCENY IN  THE  FOURTH  DEGREE  AS  DEFINED  IN  SECTION

S. 1563                             4

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  PART,
CRIMINAL  POSSESSION  OF  A  FORGED  INSTRUMENT  IN  THE THIRD DEGREE AS
DEFINED IN SECTION 170.20, CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN
THE SECOND DEGREE AS DEFINED IN SECTION 170.25, CRIMINAL POSSESSION OF A
FORGED INSTRUMENT  IN THE FIRST DEGREE AS DEFINED IN SECTION  170.30  OF
THIS  TITLE,  CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE FIFTH DEGREE
AS DEFINED IN SECTION 165.40, CRIMINAL POSSESSION OF STOLEN PROPERTY  IN
THE  FOURTH  DEGREE AS DEFINED IN SECTION 165.45, CRIMINAL POSSESSION OF
STOLEN PROPERTY IN THE THIRD DEGREE AS DEFINED IN SECTION 165.50, CRIMI-
NAL POSSESSION OF STOLEN PROPERTY IN THE SECOND  DEGREE  AS  DEFINED  IN
SECTION  165.52,  CRIMINAL  POSSESSION  OF  STOLEN PROPERTY IN THE FIRST
DEGREE AS DEFINED IN SECTION 165.54 OF THIS PART, OR CRIMINAL POSSESSION
OF FORGERY DEVICES AS DEFINED IN SECTION 170.40 OF THIS TITLE; OR
  2. 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 OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE
NAME OF THOSE PERSONS, OR CAUSES FINANCIAL LOSS TO  AT  LEAST  ONE  SUCH
PERSON, OR TO ANOTHER PERSON OR PERSONS.
  IDENTITY THEFT IN THE THIRD DEGREE IS A CLASS D FELONY.
§ 191.20 IDENTITY THEFT IN THE SECOND DEGREE.
  A  PERSON  IS GUILTY OF IDENTITY THEFT IN THE SECOND DEGREE WHEN HE OR
SHE KNOWINGLY AND WITH INTENT TO DEFRAUD:
  1. 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  THERE-
BY:
  (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 OR 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  191.15  OF  THIS  ARTICLE AND HAS BEEN PREVIOUSLY CONVICTED
WITHIN THE LAST FIVE YEARS OF IDENTITY THEFT  IN  THE  FIFTH  DEGREE  AS
DEFINED  IN  SECTION  191.05,  IDENTITY  THEFT  IN  THE FOURTH DEGREE AS
DEFINED IN SECTION 191.10, IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED
IN SECTION 191.15, IDENTITY THEFT IN THE SECOND  DEGREE  AS  DEFINED  IN
THIS  SECTION,  IDENTITY THEFT IN THE FIRST DEGREE AS DEFINED IN SECTION
191.25, AGGRAVATED IDENTITY THEFT IN THE SECOND  DEGREE  AS  DEFINED  IN
SECTION 191.30, AGGRAVATED IDENTITY THEFT IN THE FIRST DEGREE AS DEFINED
IN SECTION 191.35, CRIMINAL POSSESSION OF A SKIMMER DEVICE IN THE SECOND
DEGREE  AS  DEFINED  IN SECTION 191.40, CRIMINAL POSSESSION OF A SKIMMER
DEVICE IN THE FIRST DEGREE AS DEFINED IN SECTION 191.45 OF THIS ARTICLE,
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 PART, CRIMINAL
POSSESSION OF A FORGED INSTRUMENT IN THE  THIRD  DEGREE  AS  DEFINED  IN
SECTION 170.20, CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE SECOND

S. 1563                             5

DEGREE  AS  DEFINED  IN  SECTION 170.25, CRIMINAL POSSESSION OF A FORGED
INSTRUMENT IN THE FIRST DEGREE AS DEFINED  IN  SECTION  170.30  OF  THIS
TITLE,  CRIMINAL  POSSESSION  OF  STOLEN PROPERTY IN THE FIFTH DEGREE AS
DEFINED IN SECTION 165.40, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE
FOURTH  DEGREE  AS  DEFINED  IN  SECTION  165.45, CRIMINAL POSSESSION OF
STOLEN PROPERTY IN THE THIRD DEGREE AS DEFINED IN SECTION 165.50, CRIMI-
NAL POSSESSION OF STOLEN PROPERTY IN THE SECOND  DEGREE  AS  DEFINED  IN
SECTION  165.52,  CRIMINAL  POSSESSION  OF  STOLEN PROPERTY IN THE FIRST
DEGREE AS DEFINED IN SECTION 165.54 OF THIS PART, OR CRIMINAL POSSESSION
OF FORGERY DEVICES AS DEFINED IN SECTION 170.40 OF THIS TITLE; OR
  2. ASSUMES THE IDENTITY OF TWENTY-FIVE 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 THOSE PERSONS, OR  CAUSES  FINANCIAL  LOSS  TO  AT
LEAST ONE SUCH PERSON, OR TO ANOTHER PERSON OR PERSONS.
  IDENTITY THEFT IN THE SECOND DEGREE IS A CLASS C FELONY.
§ 191.25 IDENTITY THEFT IN THE FIRST DEGREE.
  A  PERSON  IS  GUILTY OF IDENTITY THEFT IN THE FIRST DEGREE WHEN HE OR
SHE KNOWINGLY AND WITH INTENT TO DEFRAUD:
  1. 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  THERE-
BY:
  (A)  OBTAINS  GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE
NAME OF SUCH OTHER PERSON  IN  AN  AGGREGATE  AMOUNT  THAT  EXCEEDS  TWO
HUNDRED THOUSAND DOLLARS; OR
  (B)  CAUSES  FINANCIAL  LOSS  TO  SUCH  PERSON OR TO ANOTHER PERSON OR
PERSONS IN  AN  AGGREGATE  AMOUNT  THAT  EXCEEDS  TWO  HUNDRED  THOUSAND
DOLLARS; OR
  (C)  COMMITS  OR  ATTEMPTS  TO COMMIT A CLASS B FELONY OR HIGHER LEVEL
CRIME OR ACTS AS AN ACCESSORY IN THE COMMISSION OF A CLASS B  OR  HIGHER
LEVEL FELONY; OR
  (D)  COMMITS  THE  CRIME  OF  IDENTITY  THEFT  IN THE SECOND DEGREE AS
DEFINED IN SECTION 191.20  OF  THIS  ARTICLE  AND  HAS  BEEN  PREVIOUSLY
CONVICTED  WITHIN  THE  LAST  FIVE  YEARS OF IDENTITY THEFT IN THE FIFTH
DEGREE AS DEFINED IN SECTION 191.05, IDENTITY THEFT IN THE FOURTH DEGREE
AS DEFINED IN SECTION 191.10, IDENTITY THEFT  IN  THE  THIRD  DEGREE  AS
DEFINED  IN  SECTION  191.15,  IDENTITY  THEFT  IN  THE SECOND DEGREE AS
DEFINED IN SECTION 191.20, IDENTITY THEFT IN THE FIRST DEGREE AS DEFINED
IN THIS SECTION, AGGRAVATED IDENTITY  THEFT  IN  THE  SECOND  DEGREE  AS
DEFINED IN SECTION 191.30, AGGRAVATED IDENTITY THEFT IN THE FIRST DEGREE
AS DEFINED IN SECTION 191.35, CRIMINAL POSSESSION OF A SKIMMER DEVICE IN
THE SECOND DEGREE AS DEFINED IN SECTION 191.40, CRIMINAL POSSESSION OF A
SKIMMER  DEVICE IN THE FIRST DEGREE AS DEFINED IN SECTION 191.45 OF THIS
ARTICLE, 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  PART,
CRIMINAL  POSSESSION  OF  A  FORGED  INSTRUMENT  IN  THE THIRD DEGREE AS
DEFINED IN SECTION 170.20, CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN
THE SECOND DEGREE AS DEFINED IN SECTION 170.25, CRIMINAL POSSESSION OF A
FORGED INSTRUMENT IN THE FIRST DEGREE AS DEFINED IN  SECTION  170.30  OF
THIS  TITLE,  CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE FIFTH DEGREE
AS DEFINED IN SECTION 165.40, CRIMINAL POSSESSION OF STOLEN PROPERTY  IN
THE  FOURTH  DEGREE AS DEFINED IN SECTION 165.45, CRIMINAL POSSESSION OF

S. 1563                             6

STOLEN PROPERTY IN THE THIRD DEGREE AS DEFINED IN SECTION 165.50, CRIMI-
NAL POSSESSION OF STOLEN PROPERTY IN THE SECOND  DEGREE  AS  DEFINED  IN
SECTION  165.52,  CRIMINAL  POSSESSION  OF  STOLEN PROPERTY IN THE FIRST
DEGREE AS DEFINED IN SECTION 165.54 OF THIS PART, OR CRIMINAL POSSESSION
OF FORGERY DEVICES AS DEFINED IN SECTION 170.40 OF THIS TITLE; OR
  2. ASSUMES THE IDENTITY OF FIFTY 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 THOSE PERSONS, OR CAUSES FINANCIAL LOSS TO  AT  LEAST  ONE  SUCH
PERSON, OR TO ANOTHER PERSON OR PERSONS.
  IDENTITY THEFT IN THE FIRST DEGREE IS A CLASS B FELONY.
§ 191.30 AGGRAVATED IDENTITY THEFT IN THE SECOND DEGREE.
  A  PERSON  IS GUILTY OF AGGRAVATED IDENTITY THEFT IN THE SECOND DEGREE
WHEN HE OR SHE COMMITS IDENTITY THEFT IN THE FIFTH DEGREE AS DEFINED  IN
SECTION 191.05 OF THIS ARTICLE AND KNOWS THAT SUCH OTHER PERSON IS:
  1.  A  VULNERABLE  ELDERLY  PERSON  AS DEFINED IN SUBDIVISION THREE OF
SECTION 260.31 OF THIS CHAPTER; OR
  2. AN INCOMPETENT OR PHYSICALLY DISABLED PERSON AS DEFINED IN SUBDIVI-
SION FOUR OF SECTION 260.31 OF THIS CHAPTER.
  AGGRAVATED IDENTITY THEFT IN THE SECOND DEGREE IS A CLASS E FELONY.
§ 191.35 AGGRAVATED IDENTITY THEFT IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF AGGRAVATED IDENTITY THEFT IN  THE  FIRST  DEGREE
WHEN  HE OR SHE KNOWINGLY 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 KNOWS THAT SUCH PERSON IS A MEMBER OF THE
ARMED FORCES, AND KNOWS THAT SUCH MEMBER IS PRESENTLY  DEPLOYED  OUTSIDE
OF THE CONTINENTAL UNITED STATES, AND:
  1.  THEREBY  OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT
IN THE NAME OF SUCH MEMBER OF THE ARMED FORCES IN  AN  AGGREGATE  AMOUNT
THAT EXCEEDS FIVE HUNDRED DOLLARS; OR
  2. THEREBY CAUSES FINANCIAL LOSS TO SUCH MEMBER OF THE ARMED FORCES IN
AN AGGREGATE AMOUNT THAT EXCEEDS FIVE HUNDRED DOLLARS.
  AGGRAVATED IDENTITY THEFT IN THE FIRST DEGREE IS A CLASS D FELONY.
§ 191.40 CRIMINAL POSSESSION OF A SKIMMER DEVICE IN THE SECOND DEGREE.
  1.  A  PERSON  IS GUILTY OF 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 COMMISSION OF THE
CRIMES OF IDENTITY THEFT OR  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 PART, CRIMINAL POSSESSION OF STOLEN  PROPERTY  IN
THE  FOURTH  DEGREE AS DEFINED IN SECTION 165.45, CRIMINAL POSSESSION OF
STOLEN PROPERTY IN THE THIRD DEGREE AS DEFINED IN SECTION 165.50, CRIMI-
NAL POSSESSION OF STOLEN PROPERTY IN THE SECOND  DEGREE  AS  DEFINED  IN
SECTION  165.52,  OR CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE FIRST
DEGREE AS DEFINED IN SECTION 165.54 OF THIS PART.
  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.
  CRIMINAL  POSSESSION  OF  A  SKIMMER  DEVICE IN THE SECOND DEGREE IS A
CLASS D FELONY.
§ 191.45 CRIMINAL POSSESSION OF A SKIMMER DEVICE IN THE FIRST DEGREE.

S. 1563                             7

  A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A SKIMMER DEVICE  IN  THE
FIRST  DEGREE WHEN HE OR SHE COMMITS THE CRIME OF UNLAWFUL 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 FOURTH
DEGREE  AS DEFINED IN SECTION 191.10, IDENTITY THEFT IN THE THIRD DEGREE
AS DEFINED IN SECTION 191.15, IDENTITY THEFT IN  THE  SECOND  DEGREE  AS
DEFINED IN SECTION 191.20, IDENTITY THEFT IN THE FIRST DEGREE AS DEFINED
IN SECTION 191.25, UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE SECOND
DEGREE AS DEFINED IN SECTION 191.40 OF THIS ARTICLE, 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, GRAND LARCENY IN  THE
FIRST  DEGREE  AS DEFINED IN SECTION 155.42 OF THIS PART, FORGERY IN THE
THIRD DEGREE AS DEFINED IN SECTION 170.05, FORGERY IN THE SECOND  DEGREE
AS  DEFINED IN SECTION 170.10, FORGERY IN THE FIRST DEGREE AS DEFINED IN
SECTION 170.15, CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE  THIRD
DEGREE  AS  DEFINED  IN  SECTION 170.20, CRIMINAL POSSESSION OF A FORGED
INSTRUMENT IN THE SECOND DEGREE AS DEFINED IN SECTION  170.25,  CRIMINAL
POSSESSION  OF  A  FORGED  INSTRUMENT  IN THE FIRST DEGREE AS DEFINED IN
SECTION 170.30 OF THIS TITLE, CRIMINAL POSSESSION OF STOLEN PROPERTY  IN
THE  FIFTH  DEGREE  AS DEFINED IN SECTION 165.40, CRIMINAL POSSESSION OF
STOLEN PROPERTY IN THE FOURTH DEGREE AS DEFINED IN SECTION 165.45, CRIM-
INAL POSSESSION OF STOLEN PROPERTY IN THE THIRD  DEGREE  AS  DEFINED  IN
SECTION  165.50,  CRIMINAL  POSSESSION  OF STOLEN PROPERTY IN THE SECOND
DEGREE AS DEFINED IN SECTION 165.52, CRIMINAL POSSESSION OF STOLEN PROP-
ERTY IN THE FIRST DEGREE AS DEFINED IN SECTION 165.54 OF THIS  PART,  OR
CRIMINAL  POSSESSION  OF FORGERY DEVICES AS DEFINED IN SECTION 170.40 OF
THIS TITLE.
  CRIMINAL POSSESSION OF A SKIMMER DEVICE IN THE FIRST DEGREE IS A CLASS
C FELONY.
  § 2. Paragraph (a) of subdivision 1 of section  460.10  of  the  penal
law,  as  amended by chapter 368 of the laws of 2015, is amended to read
as follows:
  (a) Any of the felonies set forth in this  chapter:  sections  120.05,
120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
ing  to  strangulation;  sections 125.10 to 125.27 relating to homicide;
sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
135.25 relating to kidnapping; sections 135.35 and  135.37  relating  to
labor trafficking; section 135.65 relating to coercion; sections 140.20,
140.25  and  140.30  relating  to  burglary; sections 145.05, 145.10 and
145.12 relating to criminal mischief; article one hundred fifty relating
to arson; sections 155.30, 155.35, 155.40 and 155.42 relating  to  grand
larceny;  sections  177.10, 177.15, 177.20 and 177.25 relating to health
care fraud; article one hundred  sixty  relating  to  robbery;  sections
165.45,  165.50,  165.52  and  165.54 relating to criminal possession of
stolen property; sections 165.72 and 165.73 relating to trademark  coun-
terfeiting;  sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40  and
210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
176.30  relating to insurance fraud; sections 178.20 and 178.25 relating
to criminal diversion of  prescription  medications  and  prescriptions;
sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
200.04,  200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 200.56,
215.00, 215.05 and 215.19; sections 187.10, 187.15,  187.20  and  187.25
relating  to  residential  mortgage  fraud,  sections  190.40 and 190.42

S. 1563                             8

relating to criminal  usury;  section  190.65  relating  to  schemes  to
defraud;  SECTIONS  191.05,  191.10, 191.15, 191.20, 191.25, 191.30, AND
191.35 RELATING TO IDENTITY THEFT; any felony defined  in  article  four
hundred  ninety-six;  sections  205.60  and 205.65 relating to hindering
prosecution; sections 210.10, 210.15, and 215.51 relating to perjury and
contempt; section 215.40 relating to tampering with  physical  evidence;
sections 220.06, 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39,
220.41,  220.43,  220.46,  220.55, 220.60, 220.65 and 220.77 relating to
controlled substances; sections 225.10 and 225.20 relating to  gambling;
sections  230.25, 230.30, and 230.32 relating to promoting prostitution;
section 230.34 relating to sex  trafficking;  sections  235.06,  235.07,
235.21  and  235.22  relating  to  obscenity; sections 263.10 and 263.15
relating to promoting a sexual performance by a child; sections  265.02,
265.03,  265.04,  265.11,  265.12,  265.13 and the provisions of section
265.10 which constitute a felony relating to firearms and other  danger-
ous  weapons;  sections 265.14 and 265.16 relating to criminal sale of a
firearm; section 275.10, 275.20, 275.30, or 275.40 relating to unauthor-
ized recordings; and sections 470.05, 470.10, 470.15 and 470.20 relating
to money laundering; or
  § 3. 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] 191.20, iden-
tity theft in the first degree as defined in  section  [190.80]  191.25,
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  laundering  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.
  §  4.  Sections  190.77,  190.78, 190.79, 190.80, 190.80-a, 190.85 and
190.86 of the penal law are REPEALED.
  § 5. Subdivision 1 of section 60.27 of the penal law,  as  amended  by
chapter 279 of the laws of 2008, is 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,  190.82  or  190.83]  191.05,  191.10,
191.15,  191.20  OR 191.25 of this chapter, any costs or losses incurred
due to any adverse action taken against the victim. The district  attor-
ney  shall  where appropriate, advise the court at or before the time of
sentencing that the victim seeks restitution or reparation,  the  extent

S. 1563                             9

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  repara-
tion,  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]  191.05,
191.10,  191.15,  191.20  OR 191.25 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.
  § 6. Paragraph (b) of subdivision 4 of section 60.27 of the penal law,
as  amended  by  chapter  313 of the laws of 2011, is amended to read as
follows:
  (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] 191.05, 191.10,
191.15, 191.20 OR 191.25 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, 190.82 or 190.83] 191.05,
191.10, 191.15, 191.20 OR 191.25 of this chapter, a  good  samaritan  as
defined  in  section six hundred twenty-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.
  § 7. Subdivision 2 of section 646 of the executive law, as amended  by
chapter 346 of the laws of 2007, is amended to read as follows:
  2.  An individual whose identity was assumed or whose personal identi-
fying information, as defined in [section  190.77]  SUBDIVISION  ONE  OF
SECTION  191.00  of  the  penal  law,  was  used in violation of section
[190.78, 190.79 or 190.80] 191.05, 191.10, 191.15, 191.20 OR  191.25  of
the  penal  law,  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,  190.82  or  190.83]  191.05, 191.10, 191.15,
191.20 OR 191.25 of  the  penal  law,  who  has  learned  or  reasonably
suspects  that  his  or  her  personal  identifying information has been
unlawfully used by another, may  make  a  complaint  to  the  local  law
enforcement  agency  of the county in which any part of the offense took
place regardless of whether the defendant was actually present  in  such
county, or in the county in which the person who suffered financial loss
resided  at  the time of the commission of the offense, or in the county
where the person whose personal identification information was  used  in

S. 1563                            10

the  commission  of the offense resided at the time of the commission of
the offense as provided in paragraph (l) of subdivision four of  section
20.40  of  the criminal procedure law. Said local law enforcement agency
shall  take  a  police  report of the matter and provide the complainant
with a copy of such report free of charge.
  § 8. 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.
  § 9. Section 156.20 of the penal law, as amended by chapter 558 of the
laws of 2006, is amended to read as follows:
§ 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.
  § 10. 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:
§ 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
  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.
  § 11. Section 156.26 of the penal law, as amended by  chapter  590  of
the laws of 2008, is amended to read as follows:
§ 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

S. 1563                            11

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.
  §  12.  Section 156.27 of the penal law, as added by chapter 89 of the
laws of 1993, is amended to read as follows:
§ 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.
  § 13. The penal law is amended by adding a new section 156.28 to  read
as follows:
§ 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.
  §  14.  This  act  shall  take  effect  on  the first of November next
succeeding the date on which it shall have become a law.