STATE OF NEW YORK
________________________________________________________________________
954
2017-2018 Regular Sessions
IN SENATE
January 5, 2017
___________
Introduced by Sens. CROCI, AVELLA, FUNKE, GOLDEN, LARKIN -- 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 criminal possession of
computer related material
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 156.35 of the penal law, as added by chapter 514 of
2 the laws of 1986, is amended to read as follows:
3 § 156.35 Criminal possession of computer related material in the second
4 degree.
5 A person is guilty of criminal possession of computer related material
6 in the second degree when having no right to do so, he or she knowingly
7 possesses, in any form, any copy, reproduction or duplicate of any
8 computer data or computer program which was copied, reproduced or dupli-
9 cated in violation of section 156.30 of this article, with intent to
10 benefit himself, herself or a person other than an owner thereof.
11 Criminal possession of computer related material in the second degree
12 is a class E felony.
13 § 2. The penal law is amended by adding a new section 156.36 to read
14 as follows:
15 § 156.36 Criminal possession of computer related material in the first
16 degree.
17 A person is guilty of criminal possession of computer related material
18 in the first degree when, after the unauthorized use of a computer in
19 violation of section 156.05 of this article, a person, having no right
20 to do so, knowingly possesses, in any form, any copy, reproduction or
21 duplicate of any computer data or computer program which was copied,
22 reproduced or duplicated in violation of section 156.30 of this article,
23 with intent to benefit himself, herself or a person other than an owner
24 thereof, and the copying, reproduction or duplication of such computer
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00833-01-7
S. 954 2
1 data or computer program causes financial harm to another person, part-
2 nership or corporation, individually or collectively, in excess of one
3 hundred thousand dollars.
4 Criminal possession of computer related material in the first degree
5 is a class B felony.
6 § 3. This act shall take effect on the first of November next succeed-
7 ing the date on which it shall have become a law.
