Bill S7542-2013

Relates to computer tampering

Relates to computer tampering.

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  • May 15, 2014: REFERRED TO CODES

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BILL NUMBER:S7542

TITLE OF BILL: An act to amend the penal law, in relation to computer tampering

PURPOSE OR GENERAL IDEA OF BILL: Establishes a new crime of computer tampering in the fifth degree, and amends the definition and penalty structure for the existing four degrees of computer tampering.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends paragraph (c) of subdivision 5 of section 156.00 of the penal law to add language clarifying the definition of the crime.

Section 2 amends section 156.20 of the penal law to change computer tampering in the fourth degree to computer tampering in the fifth degree, and establishes that computer tampering in the fifth degree shall be a class A misdemeanor.

Section 3 amends section 156.25 of the penal law to change computer tampering in the third degree to computer tampering in the fourth degree, and establishes that that computer tampering in the fourth degree shall be a class E felony. It also adds "or she" after any instance of the word "he".

Section 4 amends section 156.26 of the penal law to change computer tampering in the second degree to computer tampering in the third degree, and establishes that computer tampering in the third degree shall be a class D felony.

Section 5 amends section 156.27 of the penal law to change computer tampering in the first degree to computer tampering in the second degree, and establishes that computer tampering in the second degree shall be a class C felony. It also adds "or she" after any instance of the word "he".

Section 6 adds a new section 156.28 to the penal law to establish a new definition of computer tampering in the first degree. It establishes that one shall be guilty of computer tampering in the first degree if one commits the crime of computer tampering in the fifth degree and causes one million dollars or more in damages. It also establishes that computer tampering in the first degree shall be a class B felony.

Section 7 provides that the act shall take effect immediately.

JUSTIFICATION: Adopts the recommendation of the New York State White Collar Crime Task Force ("the Task Force") to change the definition of "computer material" and further gradate the crime of Computer Tampering. In its 2013 report, the Task Force noted the increasing pervasiveness of computer intrusions, and the serious problems that they can cause to individuals, businesses, and governmental entities. The current definition of "computer material" in the penal law is overly restrictive, and excludes malicious hacking that isn't related to trade secrets or other competitive advantages.

Further, this bill creates a fifth degree of the crime of Computer Tampering, and gradates the degrees of that crime up to a class B felony, consistent with the aggregate damages and penalties for the crime of Grand Larceny.

PRIOR LEGISLATIVE HISTORY: New Legislation

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7542 IN SENATE May 15, 2014 ___________
Introduced by Sen. HOYLMAN -- 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 computer tampering THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (c) of subdivision 5 of section 156.00 of the penal law, as amended by chapter 558 of the laws of 2006, is amended to read as follows: (c) is not and is not intended to be available to anyone other than the person or persons rightfully in possession thereof or selected persons having access thereto with his, her or their consent and which [accords or may accord such rightful possessors an advantage over competitors or other persons who do not have knowledge or the benefit thereof] PERSONS OTHER THAN THOSE RIGHTLY IN POSSESSION, KNOW OR SHOULD KNOW THAT SAID MATERIAL IS NOT INTENDED TO BE AVAILABLE TO THEM. S 2. Section 156.20 of the penal law, as amended by chapter 558 of the laws of 2006, is amended to read as follows: S 156.20 Computer tampering in the [fourth] FIFTH degree. A person is guilty of computer tampering in the [fourth] FIFTH degree when he or she uses, causes to be used, or accesses a computer, computer service, or computer network without authorization and he or she inten- tionally alters in any manner or destroys computer data or a computer program of another person. Computer tampering in the [fourth] FIFTH degree is a class A misdemea- nor. S 3. Section 156.25 of the penal law, as amended by chapter 89 of the laws of 1993, subdivision 2 as amended by chapter 376 of the laws of 1997, is amended to read as follows: S 156.25 Computer tampering in the [third] FOURTH degree. A person is guilty of computer tampering in the [third] FOURTH degree when he OR SHE commits the crime of computer tampering in the [fourth] FIFTH degree and: 1. he OR SHE does so with an intent to commit or attempt to commit or further the commission of any felony; or
2. he OR SHE has been previously convicted of any crime under this article or subdivision eleven of section 165.15 of this chapter; or 3. he OR SHE intentionally alters in any manner or destroys computer material; or 4. he OR SHE intentionally alters in any manner or destroys computer data or a computer program so as to cause damages in an aggregate amount exceeding one thousand dollars. Computer tampering in the [third] FOURTH degree is a class E felony. S 4. Section 156.26 of the penal law, as amended by chapter 590 of the laws of 2008, is amended to read as follows: S 156.26 Computer tampering in the [second] THIRD degree. A person is guilty of computer tampering in the [second] THIRD degree when he or she commits the crime of computer tampering in the [fourth] FIFTH degree and he or she intentionally alters in any manner or destroys: 1. computer data or a computer program so as to cause damages in an aggregate amount exceeding three thousand dollars; or 2. computer material that contains records of the medical history or medical treatment of an identified or readily identifiable individual or individuals and as a result of such alteration or destruction, such individual or individuals suffer serious physical injury, and he or she is aware of and consciously disregards a substantial and unjustifiable risk that such serious physical injury may occur. Computer tampering in the [second] THIRD degree is a class D felony. S 5. Section 156.27 of the penal law, as added by chapter 89 of the laws of 1993, is amended to read as follows: S 156.27 Computer tampering in the [first] SECOND degree. A person is guilty of computer tampering in the [first] SECOND degree when he OR SHE commits the crime of computer tampering in the [fourth] FIFTH degree and he OR SHE intentionally alters in any manner or destroys computer data or a computer program so as to cause damages in an aggregate amount exceeding fifty thousand dollars. Computer tampering in the [first] SECOND degree is a class C felony. S 6. The penal law is amended by adding a new section 156.28 to read as follows: S 156.28 COMPUTER TAMPERING IN THE FIRST DEGREE. A PERSON IS GUILTY OF COMPUTER TAMPERING IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME OF COMPUTER TAMPERING IN THE FIFTH DEGREE AND HE OR SHE INTENTIONALLY ALTERS IN ANY MANNER OR DESTROYS COMPUTER DATA OR A COMPUTER PROGRAM AND THEREBY CAUSES DAMAGES IN AN AGGREGATE AMOUNT OF ONE MILLION DOLLARS OR MORE. COMPUTER TAMPERING IN THE FIRST DEGREE IS A CLASS B FELONY. S 7. This act shall take effect immediately.

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