Establishes the offenses of phishing in the third degree, phishing in the second degree and phishing in the first degree; and relates to the time in which prosecution of such offenses must be commenced.
STATE OF NEW YORK
________________________________________________________________________
8138
IN SENATE
April 6, 2018
___________
Introduced by Sen. LANZA -- 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 establishing the offenses
of phishing in the third degree, phishing in the second degree and
phishing in the first degree; and to amend the criminal procedure law,
in relation to the time in which a prosecution of such offenses must
be commenced
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 156.00 of the penal law is amended by adding a new
2 subdivision 10 to read as follows:
3 10. "Malware" means computer software specifically designed to cause
4 damage to a device or a network.
5 § 2. The penal law is amended by adding three new sections 156.41,
6 156.42 and 156.43 to read as follows:
7 § 156.41 Phishing in the third degree.
8 A person is guilty of phishing in the third degree when he or she
9 sends an email to an individual:
10 1. urging the individual to:
11 a. send money to the person or to a third-party account to which the
12 person has access;
13 b. download an attachment which contains malware infecting the indi-
14 vidual's computer or electronic device; or
15 c. click on a link which redirects the individual to a website requir-
16 ing the individual to input his or her login credentials, banking infor-
17 mation, or personal information or which causes malware to automatically
18 be downloaded onto the individual's computer or electronic device;
19 2. with the intent to:
20 a. steal such person's login credentials, passwords, money, financial
21 or personal information; or
22 b. introduce a malware attack on such person's computer data.
23 Phishing in the third degree is a class A misdemeanor.
24 § 156.42 Phishing in the second degree.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14017-04-8
S. 8138 2
1 A person is guilty of phishing in the second degree when he or she
2 commits the crime of phishing in the third degree and causes an individ-
3 ual to send money in the aggregate exceeding five hundred dollars or
4 causes damage to the individual's computer or electronic device or the
5 loss of data in an amount in the aggregate exceeding five hundred
6 dollars.
7 Phishing in the second degree is a class E felony.
8 § 156.43 Phishing in the first degree.
9 A person is guilty of phishing in the first degree when he or she
10 commits the crime of phishing in the third degree and causes an individ-
11 ual to send money in the aggregate exceeding two thousand dollars or
12 causes damage to the individual's computer or electronic device or the
13 loss of data in an amount in the aggregate exceeding two thousand
14 dollars.
15 Phishing in the first degree is a class D felony.
16 § 3. Subdivision 3 of section 30.10 of the criminal procedure law is
17 amended by adding a new paragraph (h) to read as follows:
18 (h) A prosecution for phishing in the first degree as defined in
19 section 156.43, phishing in the second degree as defined in section
20 156.42 or phishing in the third degree as defined in section 156.41 of
21 the penal law may be commenced within twenty years after the commission
22 thereof.
23 § 4. This act shall take effect on the first of November next succeed-
24 ing the date upon which it shall have become a law.
