Assembly Bill A6514

2019-2020 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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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A6514 (ACTIVE) - Details

See Senate Version of this Bill:
S3172
Current Committee:
Assembly Codes
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 Other Legislative Sessions:
2017-2018: A9843, S8138
2021-2022: A1511, S6099
2023-2024: S4633

2019-A6514 (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.

2019-A6514 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6514
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 8, 2019
                                ___________
 
 Introduced  by  M.  of  A.  PERRY, MOSLEY, COOK, ARROYO, D'URSO, TAYLOR,
   PICHARDO, VANEL, HYNDMAN, RIVERA -- read  once  and  referred  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

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

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