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S3538Senate2017-2018 SessionSame asA4452

Toughen Computer Crime Penalties

Official title

“Elevates all computer tampering offenses by one degree in severity”

Sponsor Andrew J. LanzaSD-24Affects Legal
Status
In Assembly Committee
Codes
Impact
4/10
Low
Passage
0%

Bill progress

Step 5 of 7

In Assembly · Codes

What's happening

This bill increases the penalties for computer tampering offenses in New York by raising their felony classifications.

Why it matters

  1. Increases the severity of consequences for computer tampering by moving all degrees of the offense up one felony class. making even the lowest-level offense a felony instead of a misdemeanor, which can lead to longer prison sentences and greater long-term impacts for those convicted.

  2. Signals a stronger stance by New York against cybercrime, potentially acting as a deterrent to would-be offenders. and aligning penalties more closely with the growing seriousness and impact of computer-related crimes.

  3. Could have implications for individuals charged with minor computer tampering,. as actions previously considered misdemeanors would now be treated as felonies—meaning a criminal record with more severe legal and social consequences, possibly affecting employment, housing, and other areas of life.

  4. May affect prosecutorial discretion and plea bargaining,. since prosecutors and defense attorneys will have less room to negotiate down to non-felony charges, possibly leading to more trials or higher plea offers.

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Who cares

Headline styles

Toughen Computer Crime Penalties

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Andrew J. Lanza

Senator · Senate District 24

Chair, Codes

No co-sponsors yet.

History

  1. Referred to codes
  2. Delivered to assembly
  3. Passed senateVote 48–13
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.626
  7. Referred to codes
  8. Returned to senate
  9. Died in assembly
  10. Referred to codes
  11. Delivered to assembly
  12. Passed senateVote 58–5
Show 4 earlier actions
  1. Advanced to third reading
  2. 2nd report cal.
  3. 1st report cal.920
  4. Referred to codes

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A4452Assembly

Toughen Computer Tampering Penalties

In Assembly Committee · Codes · Sponsor Joseph Lentol

Impact 5 · Moderate0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3538

2017-2018 Regular Sessions

IN SENATE

January 24, 2017

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 computer tampering

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The closing paragraph of section 156.20 of the penal law, as amended by chapter 558 of the laws of 2006, is amended to read as follows:

Computer tampering in the fourth degree is a class [A misdemeanor] E felony.

§ 2. The closing paragraph of section 156.25 of the penal law, as amended by chapter 89 of the laws of 1993, is amended to read as follows:

Computer tampering in the third degree is a class [E] D felony.

§ 3. The closing paragraph of section 156.26 of the penal law, as amended by chapter 590 of the laws of 2008, is amended to read as follows:

Computer tampering in the second degree is a class [D] C felony.

§ 4. The closing paragraph of section 156.27 of the penal law, as added by chapter 89 of the laws of 1993, is amended to read as follows:

Computer tampering in the first degree is a class [C] B felony.

§ 5. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD02356-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the penal law, in relation to computer tampering

Purpose

To elevate all computer tampering offenses by one degree in severity.

Summary of provisions

Section 1 amends section 156.20 of the penal law elevating computer tampering in the fourth degree from a class A misdemeanor to a class E felony.

Section 2 amends section 156.2S of the penal law elevating computer tampering in the third degree from a class E felony to a class D felony.

Section 3 amends section 156.25 of the penal law elevating computer tampering in the second degree from a class D felony to a class C felo- ny.

Section 4 amends section 156.27 of the penal law elevating computer tampering in the first degree from a class C felony to a class B felony.

Justification

Computers are part of everyone's daily life and they help us in perform- ing many tasks including: paying bills, banking, signing up for classes at the University, shopping and other business transactions. Computers are a major component of information sharing, storage and maintenance technology in virtually all business and governmental institutions. With the increase use of computers and the World Wide Web to process informa- tion, there are criminals that attempt to maliciously disrupt computer systems with computer viruses and to steal our personal information for criminal use. As states across the nation have redefined their criminal laws to account for the fluid and ever-changing world of technology, computer crimes cost businesses, financial institutions and individuals millions of dollars every year. This bill strengthens our penal law by increasing the computer tampering penalties so that the punishment fits the crime.

Legislative history

2017: S.3538 - Passed Senate / A. 4452 - Referred to Codes 2016: S.3317 - Passed Senate / A. 2879 - Referred to Codes 2014: S.2468 - Passed Senate / A. 4479 - Referred to Codes 2012: S.2936 - Passed Senate / A. 1823 - Referred to Codes 2011: S.2936 - Passed Senate / A. 1823 - Referred to Codes 2010: S.6847 - Referred to Codes / A.10102 - Referred to Codes

Fiscal implications

None.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.