What's happening
This bill makes it a crime to unlawfully possess or use credit or debit card account numbers in New York.
Why it matters
Expands the legal definition of theft. to specifically include the unlawful possession or intended unlawful use of credit or debit card account numbers, meaning law enforcement can now charge individuals even if the physical card is not stolen.
Targets modern forms of financial crime. , such as data breaches, phishing, and digital skimming, by making it clear that stealing or misusing only the account number—rather than the physical card—is a prosecutable offense.
Aims to deter identity theft and fraud. by creating criminal liability at an earlier stage of criminal activity, potentially allowing authorities to intervene before actual financial loss occurs to victims.
Adapts state law to technological realities. , recognizing that much of today’s financial crime happens electronically and not through traditional, physical theft.
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Who cares
Credit and debit card account holders
The bill would expand theft law to cover stolen account numbers when the thief intends unlawful use or knows someone else does.
Prosecutors
The bill would add a specific provision for account-number theft involving intent to use the number unlawfully or knowledge of another person's unlawful intent.
Criminal defense attorneys
Cases under the new provision would turn on theft of an account number and the accused person's intent or knowledge.
Headline styles
Expand Card Number Theft Law
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 7
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4335
2017-2018 Regular Sessions
IN SENATE
February 10, 2017
Introduced by Sen. PHILLIPS -- 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 theft of credit card account numbers and debit card account numbers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 155.30 of the penal law is amended by adding a new subdivision 4-a to read as follows:
4-a. The property consists of a credit card account number or a debit card account number which the person intends to use unlawfully or knows another person intends to use unlawfully; or
§ 2. 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.
LBD06736-01-7
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 theft of credit card account numbers and debit card account numbers
Purpose
To include the theft of credit card and debit card numbers, in addition to theft of the cards themselves, in the definition of grand larceny in the fourth degree.
Summary of provisions
Section 1 amends the Penal Law by adding a new subdivision 4-a to provide that theft of credit card and debit card numbers with the intent of unlawful use is included within the definition of grand larceny in the fourth degree.
Section 2 provides for an effective date of November first after enactment.
Existing law
Section 155.30 of the Penal Law provides that theft of credit or debit cards is grand larceny in the fourth degree, however, the law is silent with regard to theft of credit or debit card numbers.
Justification
While it is an E felony to steal property consisting of a credit card or debit card, if a thief steals a credit card account number or a debit card account number instead of the actual, physical card, no crime has been committed until the thief actually uses the account number and obtains goods, money or services. Previously, in order to use a stolen credit or debit card, a person would need to physically possess the card. Now that goods and services can be ordered by phone or over the Internet, only the card number and not the physical card is necessary to use the stolen number fraudulently. Stolen card numbers can also be encoded on plastic to create fraudulent credit or debit cards.
Card numbers can be stolen in a variety of ways. In a retail establishment, a credit or debit card can be entered into a device to capture account information and then the card is returned to the customer who is unaware that his account number has been stolen. Dishonest employees can copy account numbers from sales receipts or during phone orders and thieves can steal credit card bills from the mail or hack into personal computers. Account numbers can also be obtained through phishing--sending fraudulent e-mails purporting to be from legitimate companies that ask for credit card information to be updated or amended or re-entered by the customer in order to maintain the business relationship.
With technological advances proceeding at a rapid pace, criminals are finding ways to use this new technology before laws can be enacted to address these types of crimes. This is another step for law enforcement to use to protect the public from thieves who would steal their personal account information and run up fraudulent credit card bills or steal cash through their debit card.
Legislative history
2016: S.1259 - Referred to Codes 2014: S.437 - Referred to Codes 2012: S.1411 - Passed Senate 2011: S.1411 - Passed Senate 2008: S.4789 - Passed Senate 2007: S.4789 - Passed Senate
Fiscal implications
None.
Effective date
November 1st after enactment.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.