Bill Text: NY A05448 | 2017-2018 | General Assembly | Introduced

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Bill Title: Establishes the crimes of possession of a counterfeit trademark in the first, second and third degrees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to codes [A05448 Detail]

Download: New_York-2017-A05448-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5448
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 9, 2017
                                       ___________
        Introduced by M. of A. WEPRIN -- read once and referred to the Committee
          on Codes
        AN ACT to amend the penal law, in relation to establishing the crimes of
          possession  of  a counterfeit trademark in the first, second and third
          degrees
          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 three new sections
     2  165.75, 165.76 and 165.77 to read as follows:
     3  § 165.75 Possession of a counterfeit trademark in the third degree.
     4    A person is guilty of possession of a  counterfeit  trademark  in  the
     5  third  degree  when,  with  the  intent to deceive or defraud some other
     6  person or with the intent to evade a lawful  restriction  on  the  sale,
     7  resale, offering for sale, or distribution of goods, he or she possesses
     8  a  counterfeit trademark knowing it to be counterfeit for the purpose of
     9  affixing it to any goods.
    10    Possession of a counterfeit trademark in the third degree is a class A
    11  misdemeanor.
    12  § 165.76 Possession of a counterfeit trademark in the second degree.
    13    A person is guilty of possession of a  counterfeit  trademark  in  the
    14  second  degree  when,  with  the intent to deceive or defraud some other
    15  person or with the intent to evade a lawful  restriction  on  the  sale,
    16  resale, offering for sale, or distribution of goods, he or she possesses
    17  more than one hundred counterfeit trademarks knowing them to be counter-
    18  feit for the purpose of affixing them to any goods.
    19    Possession  of a counterfeit trademark in the second degree is a class
    20  E felony.
    21  § 165.77 Possession of a counterfeit trademark in the first degree.
    22    A person is guilty of possession of a  counterfeit  trademark  in  the
    23  first  degree  when,  with  the  intent to deceive or defraud some other
    24  person or with the intent to evade a lawful  restriction  on  the  sale,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09535-01-7
        A. 5448                             2
     1  resale, offering for sale, or distribution of goods, he or she possesses
     2  more  than  one thousand counterfeit trademarks knowing them to be coun-
     3  terfeit for the purpose of affixing them to any goods.
     4    Possession of a counterfeit trademark in the first degree is a class C
     5  felony.
     6    § 2. This act shall take effect on the first of November next succeed-
     7  ing the date on which it shall have become a law.