What's happening
This bill creates new crimes for cyber terrorism in the first and second degree, establishing severe penalties for large-scale cyber attacks.
Why it matters
Defines new, specific crimes for cyber terrorism, distinguishing between financial harm to many (second degree) and actions intended to intimidate or coerce populations or governments, or cause mass damage (first degree). This targets large-scale cyber attacks, rather than isolated or small-scale offenses.
Links cyber terrorism directly to computer-related activities, expanding legal definitions to explicitly cover digital tools, networks, and data as means of committing these serious crimes. This helps law enforcement and prosecutors address evolving cyber threats.
Establishes severe felony penalties (class A for first degree, class C for second degree), signaling a strong deterrent and prioritizing prosecution of cyber attacks with broad or deep impact. This may impact sentencing, bail, and parole decisions for those convicted.
Addresses potential gaps in existing law by creating statutes tailored to the scale and intent of modern cyber attacks, rather than relying solely on traditional computer crime or larceny statutes. This could lead to more consistent prosecution and sentencing for major cyber incidents.
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Who cares
Prosecutors and law enforcement agencies
The bill would create class C and class A cyber terrorism felonies for specified computer-enabled financial harm, theft, intimidation, coercion and damage.
Victims of computer-enabled financial crimes
The second-degree offense would cover intentional serious, widespread financial harm or offenses under Penal Law article 155 committed against more than ten people.
State and local government agencies
The first-degree offense would cover computer use intended to influence government policy through intimidation or coercion, or to affect government conduct.
People charged with cyber terrorism and defense attorneys
The bill would establish new felony charges, with first-degree cyber terrorism classified as a class A felony.
Headline styles
Crack Down on Cyber Terrorism
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 3
History
- Referred to codes
- Delivered to assembly
- Passed senateVote 58–3
- Advanced to third reading
- 2nd report cal.
- 1st report cal.223
- Referred to veterans, homeland security and military affairs
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 56–3
Show 4 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.258
- Referred to veterans, homeland security and military affairs
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.
Criminalize Cyber Terrorism Acts
In Assembly Committee · Codes · Sponsor Michael DenDekker
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
953
2017-2018 Regular Sessions
IN SENATE
January 5, 2017
Introduced by Sens. CROCI, AVELLA, FUNKE, GOLDEN, MURPHY, O'MARA, RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Security and Military Affairs
AN ACT to amend the penal law, in relation to cyber terrorism in the first and second degree
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The penal law is amended by adding two new sections 490.26 and 490.27 to read as follows: § 490.26 Cyber terrorism in the second degree.
A person is guilty of a crime of cyber terrorism in the second degree when, with intent to cause serious, wide-spread financial harm, or commit any offense contained within article one hundred fifty-five of this chapter against more than ten people, a person uses a computer, a computer program, a computer network, computer material, a computer service, or computer data, to cause such wide-spread financial harm or to commit any offense contained within article one hundred fifty-five of this chapter against more than ten people.
Cyber terrorism in the second degree is a class C felony. § 490.27 Cyber terrorism in the first degree.
A person is guilty of a crime of cyber terrorism in the first degree when, with intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, affect the conduct of a unit of government, or cause mass injury, damage, destruction or debilitation to persons and/or property, a person uses a computer, a computer program, a computer network, computer material, a computer service, or computer data, to intimidate, influence, coerce, affect, injure, damage, destroy, or debilitate persons or property.
Cyber terrorism in the first degree is a class A felony.
§ 2. This act shall take effect on the first of November next succeeding the date upon which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00544-01-7
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 cyber terrorism in the first and second degree
Purpose or general idea of bill
This bill would amend the penal law to create the new crimes of cyber terrorism in the first and second degrees.
Summary of specific provisions
This bill would add a new sections to the penal law, to create the new crimes of cyber terrorism in the second degree and cyber terrorism in the first degree, respectively.
Specifically, a person would be guilty of the new C felony crime of cyber terrorism in the second degree when: *with intent to cause serious, wide-spread financial harm, or commit any larceny offense against more than ten people, a person uses a computer, a computer program, a computer network, computer material, a computer service, or computer data, to cause such wide-spread financial harm or to commit any larceny offense against more than ten people.
A person would be guilty of the new A felony crime of cyber terrorism in the first degree when:
*with intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, affect the conduct of a unit of government, or cause mass injury, damage, destruction or debilitation to persons and/or property, a person uses a computer, a computer program, a computer network, computer material, a computer service, or computer data, to injure, damage, destroy, or debilitate persons or property.
Justification
According to the such entities as the United States Department of Homeland Security, Interpol and the New York State White Collar Crime Task Force, cybercrime is a pervasive and rapidly expanding threat. New York state is particularly at risk to cybercrime due to its status as a global hub of international business and commerce. As, seen most recently in cases involving the retailer Target, and with SONY pictures, cyberattacks can be economically or politically targeted to cause massive economic and personal harm to both businesses and individuals.
Increasing criminal penalties against those who use a computer or device to carry out such a cyber attack, when such an attack seeks to cause wide spread harm or mass destruction of people or property, merely makes sense in light of these recent events. Moreover, events such as Stuxnet, have demonstrated, that cyber attacks can launch real, meaningful consequences in the physical world. As more and more critical infrastructure is controlled through SCADA interfaces, the potential of terrorism through cyber attack has grown exponentially.
Accordingly, this bill which seeks to recognize the technological consequences of the modern world, strives to deploy our criminal laws to deter those who might engage in such cyber terrorism attacks before they do so, and seriously and more appropriately punish those who might commit such an attack, if and when they do.
Prior legislative history
S3404 of 2015/16: Passed in the Senate
Fiscal implications
None noted.
Effective date
This act would 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.