assembly Bill A5496A

2017-2018 Legislative Session

Relates to cyber crimes; repealer

download bill text pdf

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Archive: Last Bill Status - In Assembly 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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to codes
Jun 12, 2017 print number 5496a
Jun 12, 2017 amend (t) and recommit to codes
Feb 09, 2017 referred to codes

Co-Sponsors

A5496 - Details

See Senate Version of this Bill:
S2406
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Rpld §§190.60 & 190.65, amd Pen L, generally; amd §§20.40, 690.05, 690.15, 690.20, 690.30 & 700.05, CP L
Versions Introduced in 2015-2016 Legislative Session:
A8149, S4072

A5496 - Summary

Relates to cyber crimes and identity theft; increases penalties for certain acts involving use of personal information, fraud, tampering, theft and use of a computer to commit crimes.

A5496 - Bill Text download pdf


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

                                  5496

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 9, 2017
                               ___________

Introduced  by  M.  of A. LENTOL, MONTESANO -- read once and referred to
  the Committee on Codes

AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
  relation to cyber crimes

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

  Section 1. Subdivisions 1, 2, 3 and 4 of section 155.00 of  the  penal
law,  subdivision  1  as amended by chapter 514 of the laws of 1986, are
amended and two new subdivisions 10 and 11 are added to read as follows:
  1. "Property" means  any  money,  personal  property,  real  property,
computer  data,  computer  program,  PERSONAL  IDENTIFYING  INFORMATION,
SECRET SCIENTIFIC  MATERIAL,  thing  in  action,  evidence  of  debt  or
contract,  or  any  article,  substance or thing of value, including any
gas, steam, water or electricity, which is  provided  for  a  charge  or
compensation.
  2.  "Obtain"  includes, but is not limited to, the bringing about of a
transfer or purported transfer of property or of a legal interest there-
in, whether to the obtainer or another.  WITH REGARD TO PERSONAL IDENTI-
FYING INFORMATION, COMPUTER DATA OR COMPUTER  PROGRAM,  OBTAIN  INCLUDES
DUPLICATING,  RECORDING, COPYING, DOWNLOADING, UPLOADING OR PRINTING OUT
THE INFORMATION, DATA,  OR  PROGRAM,  OR  OBTAINING  A  PHYSICAL  OBJECT
CONTAINING  SUCH INFORMATION.   WITH REGARD TO SERVICE, OBTAIN INCLUDES,
BUT IS NOT LIMITED TO, USING OR ACCESSING A SERVICE.
  3. "Deprive." To "deprive" another of property means (a)  to  withhold
it  or  cause  it  to  be withheld from him OR HER permanently or for so
extended a period or under such circumstances that the major portion  of
its  economic  value or benefit is lost to him OR HER, or (b) to dispose
of the property in such manner or under such circumstances as to  render
it unlikely that an owner will recover such property.  WHEN THE PROPERTY
IS  PERSONAL IDENTIFYING INFORMATION, COMPUTER DATA OR COMPUTER PROGRAM,
TO DEPRIVE ANOTHER OF ITS MEANS TO OBTAIN IT OR CAUSE A THIRD PERSON  TO

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

Co-Sponsors

A5496A (ACTIVE) - Details

See Senate Version of this Bill:
S2406
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Rpld §§190.60 & 190.65, amd Pen L, generally; amd §§20.40, 690.05, 690.15, 690.20, 690.30 & 700.05, CP L
Versions Introduced in 2015-2016 Legislative Session:
A8149, S4072

A5496A (ACTIVE) - Summary

Relates to cyber crimes and identity theft; increases penalties for certain acts involving use of personal information, fraud, tampering, theft and use of a computer to commit crimes.

A5496A (ACTIVE) - Bill Text download pdf


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

                                 5496--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 9, 2017
                               ___________

Introduced  by  M.  of  A.  LENTOL, MONTESANO, BARNWELL -- read once and
  referred to the Committee  on  Codes  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
  relation  to  cyber  crimes;  and  to repeal certain provisions of the
  penal law relating to scheme to defraud

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

  Section  1.  Subdivisions 1, 2, 3 and 4 of section 155.00 of the penal
law, subdivision 1 as amended by chapter 514 of the laws  of  1986,  are
amended and two new subdivisions 10 and 11 are added to read as follows:
  1.  "Property"  means  any  money,  personal  property, real property,
computer  data,  computer  program,  PERSONAL  IDENTIFYING  INFORMATION,
SECRET  SCIENTIFIC  MATERIAL,  thing  in  action,  evidence  of  debt or
contract, or any article, substance or thing  of  value,  including  any
gas,  steam,  water  or  electricity,  which is provided for a charge or
compensation.
  2. "Obtain" includes, but is not limited to, the bringing about  of  a
transfer or purported transfer of property or of a legal interest there-
in, whether to the obtainer or another.  WITH REGARD TO PERSONAL IDENTI-
FYING  INFORMATION,  COMPUTER  DATA OR COMPUTER PROGRAM, OBTAIN INCLUDES
DUPLICATING, RECORDING, COPYING, DOWNLOADING, UPLOADING OR PRINTING  OUT
THE  INFORMATION,  DATA,  OR  PROGRAM,  OR  OBTAINING  A PHYSICAL OBJECT
CONTAINING SUCH INFORMATION.  WITH REGARD TO SERVICE,  OBTAIN  INCLUDES,
BUT IS NOT LIMITED TO, USING OR ACCESSING A SERVICE.
  3.  "Deprive."  To "deprive" another of property means (a) to withhold
it or cause it to be withheld from him OR  HER  permanently  or  for  so
extended  a period or under such circumstances that the major portion of
its economic value or benefit is lost to him OR HER, or (b)  to  dispose
of  the property in such manner or under such circumstances as to render

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

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