Bill S2368-2009

Establishes the crimes of possession of an unauthorized recording in the first and second degree

Establishes the crimes of possession of an unauthorized recording in the first and second degree; requires intent to send such recording.

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  • Jan 6, 2010: REFERRED TO CODES
  • Feb 19, 2009: REFERRED TO CODES

Memo

 BILL NUMBER:  S2368

TITLE OF BILL : An act to amend the penal law, in relation to establishing the crimes of possession of an unauthorized recording in the first and second degrees

PURPOSE : To increase the penalties for intellectual property theft involving unauthorized recordings.

SUMMARY OF PROVISIONS : This legislation would increase the penalties for intellectual property theft involving unauthorized recordings.

LEGISLATIVE HISTORY : S.6279 of 2005-06 S.68 of 2007-08

JUSTIFICATION : The counterfeit goods trade is a serious problem which is reportedly getting worse. This illicit trade comprises the sale of so-called knock-offs of brand-name products as well as pirated intellectual property, including "bootleg" DVDs. It has been estimated that the counterfeit goods trade takes billions of dollars out of the state's economy, with an annual fiscal impact of over $2.6 billion in lost revenue.

Under current law, the "unauthorized operation of a recording device in a motion picture theater" is prohibited: it is a violation under penal law section 275.32. This legislation would allow for prosecutions for possession of recordings made in violation of that section; possession of more than ten (10) such recordings would be a class E felony.

FISCAL IMPLICATIONS : None.

EFFECTIVE DATE : The first day of November next succeeding the date on which it shall have become a law.

Text

STATE OF NEW YORK ________________________________________________________________________ 2368 2009-2010 Regular Sessions IN SENATE February 19, 2009 ___________
Introduced by Sen. PADAVAN -- 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 establishing the crimes of possession of an unauthorized recording in the first and second 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 two new sections 275.41 and 275.42 to read as follows: S 275.41 POSSESSION OF AN UNAUTHORIZED RECORDING IN THE SECOND DEGREE. A PERSON IS GUILTY OF POSSESSION OF AN UNAUTHORIZED RECORDING IN THE SECOND DEGREE WHEN THE PERSON POSSESSES A RECORDING KNOWING IT TO HAVE BEEN RECORDED IN VIOLATION OF SECTION 275.32 OF THIS ARTICLE, WITH THE INTENT TO OFFER SUCH RECORDING FOR SALE OR RENTAL. POSSESSION OF AN UNAUTHORIZED RECORDING IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR. S 275.42 POSSESSION OF AN UNAUTHORIZED RECORDING IN THE FIRST DEGREE. A PERSON IS GUILTY OF POSSESSION OF AN UNAUTHORIZED RECORDING IN THE FIRST DEGREE WHEN THE PERSON POSSESSES MORE THAN TEN RECORDINGS KNOWING THEM TO HAVE BEEN RECORDED IN VIOLATION OF SECTION 275.32 OF THIS ARTI- CLE, WITH THE INTENT TO OFFER SUCH RECORDINGS FOR SALE OR RENTAL. POSSESSION OF AN UNAUTHORIZED RECORDING IN THE FIRST DEGREE IS A CLASS E FELONY. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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