S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    914
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by  M. of A. KOLB, BARCLAY -- Multi-Sponsored by -- M. of A.
   GIGLIO, RAIA, THIELE -- read once and referred  to  the  Committee  on
   Codes
 
 AN  ACT  to  amend  the  penal law, in relation to creating the crime of
   cyberterrorism and calculating damages caused by computer tampering

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The penal law is amended by adding a new section 490.28 to
 read as follows:
 § 490.28 CRIME OF CYBERTERRORISM.
   1. AN INDIVIDUAL IS GUILTY OF THE CRIME OF CYBERTERRORISM WHEN  HE  OR
 SHE:
   (A)  WITH  THE  INTENT  TO INTIMIDATE OR COERCE A CIVILIAN POPULATION,
 INFLUENCE THE POLICY OF A UNIT OF GOVERNMENT BY  INTIMIDATION  OR  COER-
 CION,  OR AFFECT THE CONDUCT OF A UNIT OF GOVERNMENT, COMMITS ANY OF THE
 CRIMES CONTAINED WITHIN ARTICLE ONE HUNDRED FIFTY-SIX OF  THIS  CHAPTER;
 OR
   (B)  WITH  THE  INTENT  TO INTIMIDATE OR COERCE A CIVILIAN POPULATION,
 INFLUENCE THE POLICY OF A UNIT OF GOVERNMENT BY  INTIMIDATION  OR  COER-
 CION, OR AFFECT THE CONDUCT OF A UNIT OF GOVERNMENT, COMMITS A DENIAL OF
 SERVICE  ATTACK AGAINST ANY COMPUTER NETWORK ADMINISTERED OR OPERATED BY
 A LOCAL, STATE OR FEDERAL  GOVERNMENT  ENTITY,  ANY  UTILITY  (INCLUDING
 ELECTRICITY OR WATER) OR A FINANCIAL INSTITUTION.
   2.  FOR  THE  PURPOSE OF THIS SECTION "DENIAL OF SERVICE ATTACK" MEANS
 PREVENTING AUTHORIZED ACCESS TO  COMPUTER  RESOURCES  OR  DELAYING  TIME
 CRITICAL  COMPUTER  OPERATIONS  BY INUNDATING OR OTHERWISE OVERLOADING A
 COMPUTER NETWORK, OR ATTEMPTING TO  INUNDATE  OR  OTHERWISE  OVERLOAD  A
 COMPUTER SERVICE.
   CRIME OF CYBERTERRORISM IS A CLASS B FELONY.
   §  2.  Subdivision 4 of section 156.25 of the penal law, as amended by
 chapter 89 of the laws of 1993, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04082-01-9

 A. 914                              2
 
   4. he OR SHE intentionally alters in any manner or  destroys  computer
 data  or  a  computer  program  so  as to cause damages, TO THE COMPUTER
 TAMPERED WITH OR TO ANY OTHER COMPUTER AFFECTED BY THE TAMPERING, in  an
 aggregate amount exceeding one thousand dollars.
   §  3.  Subdivision 1 of section 156.26 and section 156.27 of the penal
 law, subdivision 1 of section 156.26 as amended by chapter  590  of  the
 laws  of  2008  and section 156.27 as added by chapter 89 of the laws of
 1993, are amended to read as follows:
   1. computer data or a computer program so as to cause damages, TO  THE
 COMPUTER  TAMPERED WITH OR TO ANY OTHER COMPUTER AFFECTED BY THE TAMPER-
 ING, in an aggregate amount exceeding three thousand dollars; or
 § 156.27 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 fourth degree and
 he OR SHE intentionally alters in any manner or destroys  computer  data
 or  a  computer program so as to cause damages, TO THE COMPUTER TAMPERED
 WITH OR TO ANY OTHER COMPUTER AFFECTED BY THE TAMPERING, in an aggregate
 amount exceeding fifty thousand dollars.
   Computer tampering in the first degree is a class C felony.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.