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Assembly Bill A8561A

2021-2022 Legislative Session

Relates to establishing the crime of larceny by cyber extortion

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2021-A8561 - Details

See Senate Version of this Bill:
S8296
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §155.05, Pen L
Versions Introduced in Other Legislative Sessions:
2023-2024: A2301, S881
2025-2026: A6794, S83

2021-A8561 - Summary

Relates to establishing the crime of larceny by cyber extortion which occurs when a person intends to obtain property from another person or entity located in the state of New York through the use of certain malicious software.

2021-A8561 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8561
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2021
                                ___________
 
 Introduced  by M. of A. VANEL -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation to establishing the crime  of
   larceny by cyber extortion
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 2 of section 155.05 of the penal law is amended
 by adding a new paragraph (f) to read as follows:
   (F) BY CYBER EXTORTION.
   A PERSON OBTAINS PROPERTY BY CYBER EXTORTION WHEN HE OR SHE INTENDS TO
 OBTAIN PROPERTY FROM ANOTHER PERSON OR ENTITY LOCATED IN  THE  STATE  OF
 NEW  YORK IN CONSIDERATION OF HIM OR HER REMOVING OR OTHERWISE REMEDIAT-
 ING THE IMPACT OF A SET OF MACHINE LANGUAGE INSTRUCTIONS THAT  RESTRICTS
 THE PERSON'S OR ENTITY'S ACCESS TO HIS OR HER COMPUTER, COMPUTER SYSTEM,
 COMPUTER  NETWORK,  OR  ANY  DATA  THEREIN,  THAT IS DESIGNED TO MODIFY,
 DAMAGE, DESTROY, RECORD, OR  TRANSMIT  INFORMATION  WITHIN  A  COMPUTER,
 COMPUTER  SYSTEM,  OR COMPUTER NETWORK OR RENDER INOPERABLE OR OTHERWISE
 MODIFY SUCH PERSON'S OR ENTITY'S COMPUTER, COMPUTER SYSTEM, OR  COMPUTER
 NETWORK  WITHOUT THE INTENT OR PERMISSION OF THE OWNER OF SUCH COMPUTER,
 COMPUTER SYSTEM, COMPUTER NETWORK, OR ANY DATA CONTAINED THEREIN,  HERE-
 INAFTER  REFERRED  TO  AS MALICIOUS COMPUTER INSTRUCTIONS, AND HE OR SHE
 INTENDED TO IMPLEMENT AND ACTUALLY DID IMPLEMENT SUCH MALICIOUS COMPUTER
 INSTRUCTIONS, THREATENED TO IMPLEMENT WHETHER OR NOT HE OR SHE  ACTUALLY
 INTENDED TO ACTUALLY IMPLEMENT SUCH MALICIOUS COMPUTER INSTRUCTIONS, OR,
 EVEN  THOUGH  THEY  WERE  NOT  IMPLEMENTED,  STATED  THAT SUCH MALICIOUS
 COMPUTER INSTRUCTIONS WERE IMPLEMENTED  ON  SUCH  PERSON'S  OR  ENTITY'S
 COMPUTER.
   § 2. This act shall take effect immediately.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13616-01-1

2021-A8561A (ACTIVE) - Details

See Senate Version of this Bill:
S8296
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §155.05, Pen L
Versions Introduced in Other Legislative Sessions:
2023-2024: A2301, S881
2025-2026: A6794, S83

2021-A8561A (ACTIVE) - Summary

Relates to establishing the crime of larceny by cyber extortion which occurs when a person intends to obtain property from another person or entity located in the state of New York through the use of certain malicious software.

2021-A8561A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8561--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2021
                                ___________
 
 Introduced  by M. of A. VANEL -- read once and referred to the Committee
   on Codes -- recommitted to the Committee on Codes in  accordance  with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT to amend the penal law, in relation to establishing the crime of
   larceny by cyber extortion
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 155.05 of the penal law is amended
 by adding a new paragraph (f) to read as follows:
   (F) BY CYBER EXTORTION.
   A PERSON OBTAINS PROPERTY BY CYBER EXTORTION WHEN HE OR SHE INTENDS TO
 OBTAIN  PROPERTY  FROM  ANOTHER PERSON OR ENTITY LOCATED IN THE STATE OF
 NEW YORK IN CONSIDERATION OF HIM OR HER REMOVING OR OTHERWISE  REMEDIAT-
 ING  THE IMPACT OF A SET OF MACHINE LANGUAGE INSTRUCTIONS THAT RESTRICTS
 THE PERSON'S OR ENTITY'S ACCESS TO HIS OR HER COMPUTER, COMPUTER SYSTEM,
 COMPUTER NETWORK, OR ANY DATA  THEREIN,  THAT  IS  DESIGNED  TO  MODIFY,
 DAMAGE,  DESTROY,  RECORD,  OR  TRANSMIT  INFORMATION WITHIN A COMPUTER,
 COMPUTER SYSTEM, OR COMPUTER NETWORK OR RENDER INOPERABLE  OR  OTHERWISE
 MODIFY  SUCH PERSON'S OR ENTITY'S COMPUTER, COMPUTER SYSTEM, OR COMPUTER
 NETWORK WITHOUT THE INTENT OR PERMISSION OF THE OWNER OF SUCH  COMPUTER,
 COMPUTER  SYSTEM, COMPUTER NETWORK, OR ANY DATA CONTAINED THEREIN, HERE-
 INAFTER REFERRED TO AS MALICIOUS COMPUTER INSTRUCTIONS, AND  HE  OR  SHE
 INTENDED   TO  IMPLEMENT  AND  DID  IMPLEMENT  SUCH  MALICIOUS  COMPUTER
 INSTRUCTIONS, THREATENED TO IMPLEMENT WHETHER OR NOT HE OR SHE  INTENDED
 TO  IMPLEMENT SUCH MALICIOUS COMPUTER INSTRUCTIONS, OR, EVEN THOUGH THEY
 WERE NOT IMPLEMENTED, STATED THAT SUCH MALICIOUS  COMPUTER  INSTRUCTIONS
 WERE IMPLEMENTED ON SUCH PERSON'S OR ENTITY'S COMPUTER.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13616-02-2

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