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Sponsor's memo
BILL NUMBER:S7542
Title of bill
An act to amend the penal law, in relation to computer tampering
Purpose or general idea of bill
Establishes a new crime of computer tampering in the fifth degree, and amends the definition and penalty structure for the existing four degrees of computer tampering.
Summary of specific provisions
Section 1 amends paragraph (c) of subdivision 5 of section 156.00 of the penal law to add language clarifying the definition of the crime.
Section 2 amends section 156.20 of the penal law to change computer tampering in the fourth degree to computer tampering in the fifth degree, and establishes that computer tampering in the fifth degree shall be a class A misdemeanor.
Section 3 amends section 156.25 of the penal law to change computer tampering in the third degree to computer tampering in the fourth degree, and establishes that that computer tampering in the fourth degree shall be a class E felony. It also adds "or she" after any instance of the word "he".
Section 4 amends section 156.26 of the penal law to change computer tampering in the second degree to computer tampering in the third degree, and establishes that computer tampering in the third degree shall be a class D felony.
Section 5 amends section 156.27 of the penal law to change computer tampering in the first degree to computer tampering in the second degree, and establishes that computer tampering in the second degree shall be a class C felony. It also adds "or she" after any instance of the word "he".
Section 6 adds a new section 156.28 to the penal law to establish a new definition of computer tampering in the first degree. It establishes that one shall be guilty of computer tampering in the first degree if one commits the crime of computer tampering in the fifth degree and causes one million dollars or more in damages. It also establishes that computer tampering in the first degree shall be a class B felony.
Section 7 provides that the act shall take effect immediately.
Justification
Adopts the recommendation of the New York State White Collar Crime Task Force ("the Task Force") to change the definition of "computer material" and further gradate the crime of Computer Tampering. In its 2013 report, the Task Force noted the increasing pervasiveness of computer intrusions, and the serious problems that they can cause to individuals, businesses, and governmental entities. The current definition of "computer material" in the penal law is overly restrictive, and excludes malicious hacking that isn't related to trade secrets or other competitive advantages.
Further, this bill creates a fifth degree of the crime of Computer Tampering, and gradates the degrees of that crime up to a class B felony, consistent with the aggregate damages and penalties for the crime of Grand Larceny.
Prior legislative history
New Legislation
Fiscal implications
None to the state.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.