Bill Text: NY A06136 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 6136 (Prior Session Legislation)

Introduced

Bill Title: Relates to criminal possession of computer related material in the first and second degree.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A06136 Detail]

Download: New_York-2015-A06136-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6136
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 16, 2015
                                      ___________
       Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred 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  S 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    S  2.  The penal law is amended by adding a new section 156.36 to read
   14  as follows:
   15  S 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
   25  DATA  OR COMPUTER PROGRAM CAUSES FINANCIAL HARM TO ANOTHER PERSON, PART-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09035-01-5
       A. 6136                             2
    1  NERSHIP OR CORPORATION, INDIVIDUALLY OR COLLECTIVELY, IN EXCESS  OF  ONE
    2  HUNDRED THOUSAND DOLLARS.
    3    CRIMINAL  POSSESSION  OF COMPUTER RELATED MATERIAL IN THE FIRST DEGREE
    4  IS A CLASS B FELONY.
    5    S 3. This act shall take effect on the first of November next succeed-
    6  ing the date on which it shall have become a law.