senate Bill S8138

2017-2018 Legislative Session

Establishes the offenses of phishing in the third degree, phishing in the second degree and phishing in the first degree; and relates to the time in which a prosecution of such offenses must be commenced

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


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

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2018 committed to rules
Apr 23, 2018 advanced to third reading
Apr 18, 2018 2nd report cal.
Apr 17, 2018 1st report cal.833
Apr 06, 2018 referred to codes

Votes

view votes

Apr 17, 2018 - Codes committee Vote

S8138
15
0
committee
15
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Apr 17, 2018

aye wr (1)

Co-Sponsors

S8138 (ACTIVE) - Details

See Assembly Version of this Bill:
A9843
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd §156.00, add §§156.41, 156.42 & 156.43, Pen L; amd §30.10, CP L
Versions Introduced in 2019-2020 Legislative Session:
S3172, A6514

S8138 (ACTIVE) - Summary

Establishes the offenses of phishing in the third degree, phishing in the second degree and phishing in the first degree; and relates to the time in which prosecution of such offenses must be commenced.

S8138 (ACTIVE) - Sponsor Memo

S8138 (ACTIVE) - Bill Text download pdf


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

                                  8138

                            I N  S E N A T E

                              April 6, 2018
                               ___________

Introduced  by  Sen.  LANZA  -- 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 establishing the  offenses
  of  phishing  in  the  third degree, phishing in the second degree and
  phishing in the first degree; and to amend the criminal procedure law,
  in relation to the time in which a prosecution of such  offenses  must
  be commenced

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

  Section 1. Section 156.00 of the penal law is amended by adding a  new
subdivision 10 to read as follows:
  10.  "MALWARE"  MEANS COMPUTER SOFTWARE SPECIFICALLY DESIGNED TO CAUSE
DAMAGE TO A DEVICE OR A NETWORK.
  § 2. The penal law is amended by adding  three  new  sections  156.41,
156.42 and 156.43 to read as follows:
§ 156.41 PHISHING IN THE THIRD DEGREE.
  A  PERSON  IS  GUILTY  OF  PHISHING IN THE THIRD DEGREE WHEN HE OR SHE
SENDS AN EMAIL TO AN INDIVIDUAL:
  1. URGING THE INDIVIDUAL TO:
  A. SEND MONEY TO THE PERSON OR TO A THIRD-PARTY ACCOUNT TO  WHICH  THE
PERSON HAS ACCESS;
  B.  DOWNLOAD  AN ATTACHMENT WHICH CONTAINS MALWARE INFECTING THE INDI-
VIDUAL'S COMPUTER OR ELECTRONIC DEVICE; OR
  C. CLICK ON A LINK WHICH REDIRECTS THE INDIVIDUAL TO A WEBSITE REQUIR-
ING THE INDIVIDUAL TO INPUT HIS OR HER LOGIN CREDENTIALS, BANKING INFOR-
MATION, OR PERSONAL INFORMATION OR WHICH CAUSES MALWARE TO AUTOMATICALLY
BE DOWNLOADED ONTO THE INDIVIDUAL'S COMPUTER OR ELECTRONIC DEVICE;
  2. WITH THE INTENT TO:
  A. STEAL SUCH PERSON'S LOGIN CREDENTIALS, PASSWORDS, MONEY,  FINANCIAL
OR PERSONAL INFORMATION; OR
  B. INTRODUCE A MALWARE ATTACK ON SUCH PERSON'S COMPUTER DATA.
  PHISHING IN THE THIRD DEGREE IS A CLASS A MISDEMEANOR.
§ 156.42 PHISHING IN THE SECOND DEGREE.

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

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