Bill Text: NY A04273 | 2013-2014 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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
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.