S T A T E O F N E W Y O R K
________________________________________________________________________
947
2023-2024 Regular Sessions
I N S E N A T E
January 9, 2023
___________
Introduced by Sen. THOMAS -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to unauthorized use of a
smart phone or mobile device or any data contained therein
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 156.00 of the penal law, as
amended by chapter 558 of the laws of 2006, is amended and a new
subdivision 10 is added to read as follows:
1. "Computer" means a device or group of devices which, by manipu-
lation of electronic, magnetic, optical or electrochemical impulses,
pursuant to a computer program, can automatically perform arithmetic,
logical, storage or retrieval operations with or on computer data, and
includes any connected or directly related device, equipment or facility
which enables such computer to store, retrieve or communicate to or from
a person, another computer or another device the results of computer
operations, computer programs or computer data. FOR THE PURPOSES OF
THIS ARTICLE, A SMART PHONE OR MOBILE DEVICE SHALL BE CONSIDERED A
COMPUTER.
10. "SMART PHONE OR MOBILE DEVICE" MEANS A PORTABLE COMPUTING DEVICE
THAT: (A) HAS A SMALL FORM FACTOR SUCH THAT IT CAN EASILY BE CARRIED BY
A SINGLE INDIVIDUAL; (B) IS DESIGNED TO OPERATE WITHOUT A PHYSICAL
CONNECTION; (C) POSSESSES LOCAL, NON-REMOVABLE OR REMOVABLE DATA STOR-
AGE; AND (D) INCLUDES A SELF-CONTAINED POWER SOURCE.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01653-01-3