STATE OF NEW YORK
________________________________________________________________________
5479
2025-2026 Regular Sessions
IN SENATE
February 21, 2025
___________
Introduced by Sen. COMRIE -- 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:
1 Section 1. Subdivision 1 of section 156.00 of the penal law, as
2 amended by chapter 558 of the laws of 2006, is amended and a new
3 subdivision 10 is added to read as follows:
4 1. "Computer" means a device or group of devices which, by manipu-
5 lation of electronic, magnetic, optical or electrochemical impulses,
6 pursuant to a computer program, can automatically perform arithmetic,
7 logical, storage or retrieval operations with or on computer data, and
8 includes any connected or directly related device, equipment or facility
9 which enables such computer to store, retrieve or communicate to or from
10 a person, another computer or another device the results of computer
11 operations, computer programs or computer data. For the purposes of
12 this article, a smart phone or mobile device shall be considered a
13 computer.
14 10. "Smart phone or mobile device" means a portable computing device
15 that: (a) has a small form factor such that it can easily be carried by
16 a single individual; (b) is designed to operate without a physical
17 connection; (c) possesses local, non-removable or removable data stor-
18 age; and (d) includes a self-contained power source.
19 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09716-01-5
