Bill Text: NY S06099 | 2021-2022 | 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; relates to the time in which prosecution of such offenses must be commenced.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S06099 Detail]

Download: New_York-2021-S06099-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6099

                               2021-2022 Regular Sessions

                    IN SENATE

                                      April 8, 2021
                                       ___________

        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed 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
    22    b. introduce a malware attack on such person's computer data.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05473-01-1
        S. 6099                             2

     1    Phishing in the third degree is a class A misdemeanor.
     2  § 156.42 Phishing in the second degree.
     3    A  person  is  guilty  of phishing in the second degree when he or she
     4  commits the crime of phishing in the third degree and causes an individ-
     5  ual to send money in the aggregate exceeding  five  hundred  dollars  or
     6  causes  damage  to the individual's computer or electronic device or the
     7  loss of data in an  amount  in  the  aggregate  exceeding  five  hundred
     8  dollars.
     9    Phishing in the second degree is a class E felony.
    10  § 156.43 Phishing in the first degree.
    11    A  person  is  guilty  of  phishing in the first degree when he or she
    12  commits the crime of phishing in the third degree and causes an individ-
    13  ual to send money in the aggregate exceeding  two  thousand  dollars  or
    14  causes  damage  to the individual's computer or electronic device or the
    15  loss of data in an  amount  in  the  aggregate  exceeding  two  thousand
    16  dollars.
    17    Phishing in the first degree is a class D felony.
    18    §  3.  Subdivision 3 of section 30.10 of the criminal procedure law is
    19  amended by adding a new paragraph (h) to read as follows:
    20    (h) A prosecution for phishing in  the  first  degree  as  defined  in
    21  section  156.43,  phishing  in  the  second degree as defined in section
    22  156.42 or phishing in the third degree as defined in section  156.41  of
    23  the  penal law may be commenced within twenty years after the commission
    24  thereof.
    25    § 4. This act shall take effect on the first of November next succeed-
    26  ing the date upon which it shall have become a law.