S T A T E O F N E W Y O R K
________________________________________________________________________
2927--B
2013-2014 Regular Sessions
I N S E N A T E
January 25, 2013
___________
Introduced by Sens. ZELDIN, LANZA, MAZIARZ, RANZENHOFER, SAVINO -- read
twice and ordered printed, and when printed to be committed to the
Committee on Codes -- reported favorably from said committee and
committed to the Committee on Consumer Protection -- reported favora-
bly from said committee, ordered to first and second report, ordered
to a third reading, amended and ordered reprinted, retaining its place
in the order of third reading -- recommitted to the Committee on Codes
in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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 four new sections
2 165.21, 165.22, 165.23 and 165.24 to read as follows:
3 S 165.21 CRIMINAL PRACTICES WITH AN ACCESS DEVICE; DEFINITIONS.
4 FOR THE PURPOSES OF SECTIONS 165.22, 165.23 AND 165.24 OF THIS ARTI-
5 CLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
6 1. "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 2. "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;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01051-07-3
S. 2927--B 2
1 3. "UNAUTHORIZED ACCESS DEVICE" SHALL MEAN ANY ACCESS DEVICE THAT IS
2 LOST, STOLEN, EXPIRED, REVOKED, CANCELED, OR OBTAINED WITH INTENT TO
3 DEFRAUD;
4 4. "PRODUCE" SHALL MEAN DESIGN, ALTER, AUTHENTICATE, DUPLICATE, OR
5 ASSEMBLE;
6 5. "TRAFFIC" SHALL MEAN TRANSFER, OR OTHERWISE DISPOSE OF, TO ANOTHER
7 IN A FRAUDULENT MANNER, OR OBTAIN CONTROL OF WITH INTENT TO FRAUDULENTLY
8 TRANSFER OR DISPOSE OF;
9 6. "DEVICE-MAKING EQUIPMENT" SHALL MEAN ANY EQUIPMENT, MECHANISM, OR
10 IMPRESSION DESIGNED OR PRIMARILY USED FOR MAKING AN UNAUTHORIZED ACCESS
11 DEVICE OR A COUNTERFEIT ACCESS DEVICE;
12 7. "CREDIT CARD SYSTEM NUMBER" SHALL MEAN A FINANCIAL INSTITUTION OR
13 OTHER ENTITY THAT IS A MEMBER OF A CREDIT CARD SYSTEM, INCLUDING AN
14 ENTITY, WHETHER AFFILIATED WITH OR IDENTICAL TO THE CREDIT CARD ISSUER,
15 THAT IS THE SOLE MEMBER OF A CREDIT CARD SYSTEM.
16 S 165.22 CRIMINAL PRACTICES WITH AN ACCESS DEVICE IN THE THIRD DEGREE.
17 A PERSON IS GUILTY OF CRIMINAL PRACTICES WITH AN ACCESS DEVICE IN THE
18 THIRD DEGREE WHEN HE OR SHE KNOWINGLY OR WITH THE INTENT TO DEFRAUD,
19 PRODUCES, USES OR TRAFFICS IN ONE OR MORE COUNTERFEIT ACCESS DEVICE.
20 CRIMINAL PRACTICES WITH AN ACCESS DEVICE IN THE THIRD DEGREE IS A
21 CLASS A MISDEMEANOR.
22 S 165.23 CRIMINAL PRACTICES WITH AN ACCESS DEVICE IN THE SECOND DEGREE.
23 A PERSON IS GUILTY OF CRIMINAL PRACTICES WITH AN ACCESS DEVICE IN THE
24 SECOND DEGREE WHEN HE OR SHE:
25 1. KNOWINGLY AND WITH THE INTENT TO DEFRAUD, TRAFFICS IN OR USES ONE
26 OR MORE UNAUTHORIZED DEVICE DURING ANY ONE-YEAR PERIOD, AND BY SUCH
27 CONDUCT OBTAINS ANYTHING OF VALUE AGGREGATING ONE THOUSAND DOLLARS OR
28 MORE DURING THAT PERIOD; OR
29 2. KNOWINGLY AND WITH INTENT TO DEFRAUD POSSESSES FIFTEEN OR MORE
30 DEVICES WHICH ARE COUNTERFEIT OR UNAUTHORIZED ACCESS DEVICES; OR
31 3. KNOWINGLY AND WITH INTENT TO DEFRAUD PRODUCES, TRAFFICS IN, HAS
32 CONTROL OR CUSTODY OF, OR POSSESSES DEVICE-MAKING EQUIPMENT.
33 CRIMINAL PRACTICES WITH AN ACCESS DEVICE IN THE SECOND DEGREE IS A
34 CLASS E FELONY.
35 S 165.24 CRIMINAL PRACTICES WITH AN ACCESS DEVICE IN THE FIRST DEGREE.
36 A PERSON IS GUILTY OF CRIMINAL PRACTICES WITH AN ACCESS DEVICE IN THE
37 FIRST DEGREE WHEN HE OR SHE:
38 1. KNOWINGLY AND WITH INTENT TO DEFRAUD EFFECTS TRANSACTIONS WITH ONE
39 OR MORE ACCESS DEVICES ISSUED TO ANOTHER PERSON OR PERSONS AND USED
40 WITHOUT THE CONSENT OF SUCH PERSON, TO RECEIVE PAYMENT OR ANY OTHER
41 THING OF VALUE DURING ANY ONE-YEAR PERIOD THE AGGREGATE VALUE OF WHICH
42 IS EQUAL TO OR GREATER THAN ONE THOUSAND DOLLARS; OR
43 2. WITHOUT THE AUTHORIZATION OF THE ISSUER OF THE ACCESS DEVICE KNOW-
44 INGLY AND WITH INTENT TO DEFRAUD SOLICITS A PERSON FOR THE PURPOSE OF:
45 (A) OFFERING AN ACCESS DEVICE; OR
46 (B) SELLING INFORMATION REGARDING OR AN APPLICATION TO OBTAIN AN
47 ACCESS DEVICE.
48 CRIMINAL PRACTICES WITH AN ACCESS DEVICE IN THE FIRST DEGREE IS A
49 CLASS D FELONY.
50 S 2. This act shall take effect on the first of November next succeed-
51 ing the date on which it shall have become a law.