STATE OF NEW YORK
________________________________________________________________________
61
2021-2022 Regular Sessions
IN ASSEMBLY(Prefiled)
January 6, 2021
___________
Introduced by M. of A. QUART -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to trademark counterfeiting
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 165.71 of the penal law, as added by chapter 490 of
2 the laws of 1992, is amended to read as follows:
3 § 165.71 Trademark counterfeiting in the [third] fourth degree.
4 A person is guilty of trademark counterfeiting in the [third] fourth
5 degree when, with the intent to deceive or defraud some other person or
6 with the intent to evade a lawful restriction on the sale, resale,
7 offering for sale, or distribution of goods, he or she manufactures,
8 distributes, sells, or offers for sale goods which bear a counterfeit
9 trademark, or possesses a trademark knowing it to be counterfeit for the
10 purpose of affixing it to any goods.
11 Trademark counterfeiting in the [third] fourth degree is a class A
12 misdemeanor.
13 § 2. Section 165.72 of the penal law, as amended by chapter 535 of the
14 laws of 1995, is amended to read as follows:
15 § 165.72 Trademark counterfeiting in the [second] third degree.
16 A person is guilty of trademark counterfeiting in the [second] third
17 degree when, with the intent to deceive or defraud some other person or
18 with the intent to evade a lawful restriction on the sale, resale,
19 offering for sale, or distribution of goods, he or she manufactures,
20 distributes, sells, or offers for sale goods which bear a counterfeit
21 trademark, or possesses a trademark knowing it to be counterfeit for the
22 purpose of affixing it to any goods, and the retail value of all such
23 goods bearing or intended to bear counterfeit trademarks exceeds one
24 thousand dollars or the total numbers of all such goods bearing counter-
25 feit trademarks exceeds two hundred.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01355-01-1
A. 61 2
1 Trademark counterfeiting in the [second] third degree is a class E
2 felony.
3 § 3. Section 165.73 of the penal law, as amended by chapter 535 of the
4 laws of 1995, is amended to read as follows:
5 § 165.73 Trademark counterfeiting in the [first] second degree.
6 A person is guilty of trademark counterfeiting in the [first] second
7 degree when, with the intent to deceive or defraud some other person, or
8 with the intent to evade a lawful restriction on the sale, resale,
9 offering for sale, or distribution of goods, he or she manufactures,
10 distributes, sells, or offers for sale goods which bear a counterfeit
11 trademark, or possesses a trademark knowing it to be counterfeit for the
12 purpose of affixing it to any goods, and the retail value of all such
13 goods bearing or intended to bear counterfeit trademarks exceeds [one
14 hundred thousand dollars] twenty-five thousand dollars or the total
15 numbers of all such goods bearing counterfeit trademarks exceeds two
16 thousand.
17 Trademark counterfeiting in the [first] second degree is a class [C] D
18 felony.
19 § 4. Section 165.74 of the penal law is renumbered section 165.75 and
20 a new section 165.74 is added to read as follows:
21 § 165.74 Trademark counterfeiting in the first degree.
22 A person is guilty of trademark counterfeiting in the first degree
23 when, with the intent to deceive or defraud some other person, or with
24 the intent to evade a lawful restriction on the sale, resale, offering
25 for sale, or distribution of goods, he or she manufactures, distributes,
26 sells, or offers for sale goods which bear a counterfeit trademark, or
27 possesses a trademark knowing it to be counterfeit for the purpose of
28 affixing it to any goods, and the retail value of all such goods bearing
29 or intended to bear counterfeit trademarks exceeds one hundred thousand
30 dollars or the total numbers of all such goods bearing counterfeit
31 trademarks exceeds ten thousand.
32 Trademark counterfeiting in the first degree is a class C felony.
33 § 5. This act shall take effect on the first of November next succeed-
34 ing the date on which it shall have become a law.
