Assembly Bill A861

2013-2014 Legislative Session

Establishes the crimes of possession of a counterfeit trademark in the first, second and third degrees

download bill text pdf

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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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2013-A861 (ACTIVE) - Details

See Senate Version of this Bill:
S3980
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §§165.75, 165.76 & 165.77, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A11191, A3161
2011-2012: A4166, S4374
2015-2016: A3387, S2817
2017-2018: A5448

2013-A861 (ACTIVE) - Summary

Establishes the crimes of possession of a counterfeit trademark in the first, second and third degrees.

2013-A861 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   861

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on Codes

AN ACT to amend the penal law, in relation to establishing the crimes of
  possession  of  a counterfeit trademark in the first, second and third
  degrees

  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 three new sections
165.75, 165.76 and 165.77 to read as follows:
S 165.75 POSSESSION OF A COUNTERFEIT TRADEMARK IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF POSSESSION OF A  COUNTERFEIT  TRADEMARK  IN  THE
THIRD  DEGREE  WHEN,  WITH  THE  INTENT TO DECEIVE OR DEFRAUD SOME OTHER
PERSON OR WITH THE INTENT TO EVADE A LAWFUL  RESTRICTION  ON  THE  SALE,
RESALE, OFFERING FOR SALE, OR DISTRIBUTION OF GOODS, HE OR SHE POSSESSES
A  COUNTERFEIT TRADEMARK KNOWING IT TO BE COUNTERFEIT FOR THE PURPOSE OF
AFFIXING IT TO ANY GOODS.
  POSSESSION OF A COUNTERFEIT TRADEMARK IN THE THIRD DEGREE IS A CLASS A
MISDEMEANOR.
S 165.76 POSSESSION OF A COUNTERFEIT TRADEMARK IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF POSSESSION OF A  COUNTERFEIT  TRADEMARK  IN  THE
SECOND  DEGREE  WHEN,  WITH  THE INTENT TO DECEIVE OR DEFRAUD SOME OTHER
PERSON OR WITH THE INTENT TO EVADE A LAWFUL  RESTRICTION  ON  THE  SALE,
RESALE, OFFERING FOR SALE, OR DISTRIBUTION OF GOODS, HE OR SHE POSSESSES
MORE THAN ONE HUNDRED COUNTERFEIT TRADEMARKS KNOWING THEM TO BE COUNTER-
FEIT FOR THE PURPOSE OF AFFIXING THEM TO ANY GOODS.
  POSSESSION  OF A COUNTERFEIT TRADEMARK IN THE SECOND DEGREE IS A CLASS
E FELONY.
S 165.77 POSSESSION OF A COUNTERFEIT TRADEMARK IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF POSSESSION OF A  COUNTERFEIT  TRADEMARK  IN  THE
FIRST  DEGREE  WHEN,  WITH  THE  INTENT TO DECEIVE OR DEFRAUD SOME OTHER

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

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