Bill Text: NY A04273 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Creates the crime of criminal practices with an access device.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced - Dead) 2014-01-08 - referred to codes [A04273 Detail]

Download: New_York-2013-A04273-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4273
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 1, 2013
                                      ___________
       Introduced by M. of A. CUSICK, TITONE, SCARBOROUGH, GUNTHER, MAGNARELLI,
         CRESPO,  ZEBROWSKI,  COLTON,  WEPRIN -- Multi-Sponsored by -- M. of A.
         BRENNAN, CLARK, GIBSON, MAGEE, SIMANOWITZ -- read once and referred to
         the Committee on Codes
       AN ACT to amend the penal law, in relation  to  creating  the  crime  of
         criminal practices with an access device
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The penal law is amended by adding a new section 165.21  to
    2  read as follows:
    3  S 165.21 CRIMINAL PRACTICES WITH AN ACCESS DEVICE.
    4    1.  DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
    5  SHALL HAVE THE FOLLOWING MEANINGS:
    6    (A) "ACCESS DEVICE" SHALL MEAN ANY CARD, INCLUDING GIFT  CARD,  PLATE,
    7  CODE,  INCLUDING  UNIVERSAL PRICE CODE LABEL, ACCOUNT NUMBER, ELECTRONIC
    8  SERIAL NUMBER, MOBILE  IDENTIFICATION  NUMBER,  PERSONAL  IDENTIFICATION
    9  NUMBER,  OR  OTHER  TELECOMMUNICATIONS SERVICE, EQUIPMENT, OR INSTRUMENT
   10  IDENTIFIER, INCLUDING A RADIO FREQUENCY IDENTIFICATION  TRANSPONDER,  OR
   11  OTHER  MEANS OF ACCOUNT ACCESS THAT CAN BE USED, ALONE OR IN CONJUNCTION
   12  WITH ANOTHER ACCESS DEVICE, TO OBTAIN MONEY,  GOODS,  SERVICES,  OR  ANY
   13  OTHER  THING  OF  VALUE,  OR  THAT CAN BE USED TO INITIATE A TRANSFER OF
   14  FUNDS (OTHER THAN A TRANSFER ORIGINATED SOLELY BY PAPER INSTRUMENT);
   15    (B) "COUNTERFEIT ACCESS DEVICE" SHALL MEAN ANY ACCESS DEVICE  THAT  IS
   16  COUNTERFEIT,  FICTITIOUS,  ALTERED, OR FORGED, OR AN IDENTIFIABLE COMPO-
   17  NENT OF AN ACCESS DEVICE OR A COUNTERFEIT ACCESS DEVICE;
   18    (C) "UNAUTHORIZED ACCESS DEVICE" SHALL MEAN ANY ACCESS DEVICE THAT  IS
   19  LOST,  STOLEN,  EXPIRED,  REVOKED,  CANCELED, OR OBTAINED WITH INTENT TO
   20  DEFRAUD;
   21    (D) "PRODUCE" SHALL MEAN DESIGN, ALTER,  AUTHENTICATE,  DUPLICATE,  OR
   22  ASSEMBLE;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01051-01-3
       A. 4273                             2
    1    (E) "TRAFFIC" SHALL MEAN TRANSFER, OR OTHERWISE DISPOSE OF, TO ANOTHER
    2  IN A FRAUDULENT MANNER, OR OBTAIN CONTROL OF WITH INTENT TO FRAUDULENTLY
    3  TRANSFER OR DISPOSE OF;
    4    (F)  "DEVICE-MAKING EQUIPMENT" SHALL MEAN ANY EQUIPMENT, MECHANISM, OR
    5  IMPRESSION DESIGNED OR PRIMARILY USED FOR MAKING AN UNAUTHORIZED  ACCESS
    6  DEVICE OR A COUNTERFEIT ACCESS DEVICE;
    7    (G)  "CREDIT CARD SYSTEM NUMBER" SHALL MEAN A FINANCIAL INSTITUTION OR
    8  OTHER ENTITY THAT IS A MEMBER OF A  CREDIT  CARD  SYSTEM,  INCLUDING  AN
    9  ENTITY,  WHETHER AFFILIATED WITH OR IDENTICAL TO THE CREDIT CARD ISSUER,
   10  THAT IS THE SOLE MEMBER OF A CREDIT CARD SYSTEM.
   11    2. A PERSON IS GUILTY OF CRIMINAL PRACTICES WITH AN ACCESS DEVICE WHEN
   12  HE OR SHE:
   13    (A) KNOWINGLY AND WITH INTENT TO DEFRAUD PRODUCES, USES,  OR  TRAFFICS
   14  IN ONE OR MORE COUNTERFEIT ACCESS DEVICE; OR
   15    (B)  KNOWINGLY  AND  WITH INTENT TO DEFRAUD TRAFFICS IN OR USES ONE OR
   16  MORE UNAUTHORIZED DEVICE DURING ANY ONE-YEAR PERIOD, AND BY SUCH CONDUCT
   17  OBTAINS ANYTHING OF VALUE  AGGREGATING  ONE  THOUSAND  DOLLARS  OR  MORE
   18  DURING THAT PERIOD; OR
   19    (C)  KNOWINGLY  AND  WITH  INTENT TO DEFRAUD POSSESSES FIFTEEN OR MORE
   20  DEVICES WHICH ARE COUNTERFEIT OR UNAUTHORIZED ACCESS DEVICES; OR
   21    (D) KNOWINGLY AND WITH INTENT TO DEFRAUD PRODUCES,  TRAFFICS  IN,  HAS
   22  CONTROL OR CUSTODY OF, OR POSSESSES DEVICE-MAKING EQUIPMENT; OR
   23    (E) KNOWINGLY AND WITH INTENT TO DEFRAUD EFFECTS TRANSACTIONS WITH ONE
   24  OR  MORE  ACCESS  DEVICES  ISSUED  TO ANOTHER PERSON OR PERSONS AND USED
   25  WITHOUT THE CONSENT OF SUCH PERSON, TO  RECEIVE  PAYMENT  OR  ANY  OTHER
   26  THING  OF  VALUE DURING ANY ONE-YEAR PERIOD THE AGGREGATE VALUE OF WHICH
   27  IS EQUAL TO OR GREATER THAN ONE THOUSAND DOLLARS; OR
   28    (F) WITHOUT THE AUTHORIZATION OF THE ISSUER OF THE ACCESS DEVICE KNOW-
   29  INGLY AND WITH INTENT TO DEFRAUD SOLICITS A PERSON FOR THE PURPOSE OF:
   30    (I) OFFERING AN ACCESS DEVICE; OR
   31    (II) SELLING INFORMATION REGARDING OR  AN  APPLICATION  TO  OBTAIN  AN
   32  ACCESS DEVICE.
   33    CRIMINAL PRACTICES WITH AN ACCESS DEVICE IS A CLASS B MISDEMEANOR.
   34    S 2. This act shall take effect on the first of November next succeed-
   35  ing the date on which it shall have become a law.