|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|
senate Bill S8138
Archive: Last Bill Status - In Senate Committee Rules Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8138 (ACTIVE) - Details
S8138 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8138 SPONSOR: LANZA TITLE OF BILL: An act to amend the penal law, in relation to estab- lishing the offenses of phishing in the third degree, phishing in the second degree and phishing in the first degree; and to amend the crimi- nal procedure law, in relation to the time in which a prosecution of such offenses must be commenced PURPOSE: To make phishing a high felony and to set the statute of limitations for committing such crimes at twenty years. SUMMARY OF PROVISIONS: Section one of the bill adds subdivision 10 to § 156 of the penal law to define malware as computer software specifically designed to cause damage to a device or network. Section two of the bill adds § 156.41, § 156.42, and § 156.43 to the
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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