Provides that the theft of property of an essential service provider shall constitute grand larceny; provides a higher degree of crime where such theft results in a substantial interruption or impairment of service.
STATE OF NEW YORK
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5485
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 deterring theft of essen-
tial infrastructure
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "prevention of damage to essential infrastructure act".
3 § 2. The penal law is amended by adding two new sections 155.26 and
4 155.27 to read as follows:
5 § 155.26 Grand larceny of essential services in the second degree.
6 1. A person is guilty of grand larceny of essential services in the
7 second degree when such person steals the property of an essential
8 service provider as defined in subdivision two of this section.
9 2. For purposes of this section, an "essential service provider" shall
10 mean a utility company as defined in subdivision twenty-three of section
11 two of the public service law, a cable television company as defined in
12 subdivision one of section two hundred twelve of such law, an internet
13 service provider as defined in paragraph (g) of subdivision one of
14 section two hundred twenty-four-c of such law, a cellular telephone
15 company, any other person or entity providing voice or data communi-
16 cations services to the public, regardless of its regulatory status
17 under state or federal law, or a public utility authority subject to the
18 provisions of article five of the public authorities law.
19 Grand larceny of essential services in the second degree is a class C
20 felony.
21 § 155.27 Grand larceny of essential services in the first degree.
22 A person is guilty of grand larceny of essential services in the first
23 degree when such person steals property of an essential service provid-
24 er, as defined in subdivision two of section 155.26 of this article, and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09719-01-5
S. 5485 2
1 such action causes a substantial interruption of or impairment of
2 services provided by such essential service provider.
3 Grand larceny of essential services in the first degree is a class B
4 felony.
5 § 3. This act shall take effect on the ninetieth day after it shall
6 have become a law.
