S T A T E O F N E W Y O R K
________________________________________________________________________
2301
2023-2024 Regular Sessions
I N A S S E M B L Y
January 25, 2023
___________
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 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.
LBD02922-01-3