Bill Text: NY A06514 | 2019-2020 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A06514 Detail]

Download: New_York-2019-A06514-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6514
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      March 8, 2019
                                       ___________
        Introduced  by  M.  of  A.  PERRY, MOSLEY, COOK, ARROYO, D'URSO, TAYLOR,
          PICHARDO, VANEL, HYNDMAN, RIVERA -- read  once  and  referred  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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07218-01-9
        A. 6514                             2
     1    b. introduce a malware attack on such person's computer data.
     2    Phishing in the third degree is a class A misdemeanor.
     3  § 156.42 Phishing in the second degree.
     4    A  person  is  guilty  of phishing in the second degree when he or she
     5  commits the crime of phishing in the third degree and causes an individ-
     6  ual to send money in the aggregate exceeding  five  hundred  dollars  or
     7  causes  damage  to the individual's computer or electronic device or the
     8  loss of data in an  amount  in  the  aggregate  exceeding  five  hundred
     9  dollars.
    10    Phishing in the second degree is a class E felony.
    11  § 156.43 Phishing in the first degree.
    12    A  person  is  guilty  of  phishing in the first degree when he or she
    13  commits the crime of phishing in the third degree and causes an individ-
    14  ual to send money in the aggregate exceeding  two  thousand  dollars  or
    15  causes  damage  to the individual's computer or electronic device or the
    16  loss of data in an  amount  in  the  aggregate  exceeding  two  thousand
    17  dollars.
    18    Phishing in the first degree is a class D felony.
    19    §  3.  Subdivision 3 of section 30.10 of the criminal procedure law is
    20  amended by adding a new paragraph (h) to read as follows:
    21    (h) A prosecution for phishing in  the  first  degree  as  defined  in
    22  section  156.43,  phishing  in  the  second degree as defined in section
    23  156.42 or phishing in the third degree as defined in section  156.41  of
    24  the  penal law may be commenced within twenty years after the commission
    25  thereof.
    26    § 4. This act shall take effect on the first of November next succeed-
    27  ing the date upon which it shall have become a law.