STATE OF NEW YORK ________________________________________________________________________ 229 2019-2020 Regular Sessions IN SENATE (Prefiled) January 9, 2019 ___________ Introduced by Sen. HOYLMAN -- 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 Assem- bly, do enact as follows: 1 Section 1. Paragraph (c) of subdivision 5 of section 156.00 of the 2 penal law, as amended by chapter 558 of the laws of 2006, is amended to 3 read as follows: 4 (c) is not and is not intended to be available to anyone other than 5 the person or persons rightfully in possession thereof or selected 6 persons having access thereto with his, her or their consent and which 7 [~~accords or may accord such rightful possessors an advantage over~~ 8 ~~competitors or other persons who do not have knowledge or the benefit~~ 9 ~~thereof~~] persons other than those rightly in possession, know or should 10 know that said material is not intended to be available to them. 11 § 2. Section 156.20 of the penal law, as amended by chapter 558 of the 12 laws of 2006, is amended to read as follows: 13 § 156.20 Computer tampering in the [~~fourth~~] fifth degree. 14 A person is guilty of computer tampering in the [~~fourth~~] fifth degree 15 when he or she uses, causes to be used, or accesses a computer, computer 16 service, or computer network without authorization and he or she inten- 17 tionally alters in any manner or destroys computer data or a computer 18 program of another person. 19 Computer tampering in the [~~fourth~~] fifth degree is a class A misdemea- 20 nor. 21 § 3. Section 156.25 of the penal law, as amended by chapter 89 of the 22 laws of 1993, subdivision 2 as amended by chapter 376 of the laws of 23 1997, is amended to read as follows: 24 § 156.25 Computer tampering in the [~~third~~] fourth degree. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05444-01-9

S. 229 2 1 A person is guilty of computer tampering in the [~~third~~] fourth degree 2 when he or she commits the crime of computer tampering in the [~~fourth~~] 3 fifth degree and: 4 1. he or she does so with an intent to commit or attempt to commit or 5 further the commission of any felony; or 6 2. he or she has been previously convicted of any crime under this 7 article or subdivision eleven of section 165.15 of this chapter; or 8 3. he or she intentionally alters in any manner or destroys computer 9 material; or 10 4. he or she intentionally alters in any manner or destroys computer 11 data or a computer program so as to cause damages in an aggregate amount 12 exceeding one thousand dollars. 13 Computer tampering in the [~~third~~] fourth degree is a class E felony. 14 § 4. Section 156.26 of the penal law, as amended by chapter 590 of the 15 laws of 2008, is amended to read as follows: 16 § 156.26 Computer tampering in the [~~second~~] third degree. 17 A person is guilty of computer tampering in the [~~second~~] third degree 18 when he or she commits the crime of computer tampering in the [~~fourth~~] 19 fifth degree and he or she intentionally alters in any manner or 20 destroys: 21 1. computer data or a computer program so as to cause damages in an 22 aggregate amount exceeding three thousand dollars; or 23 2. computer material that contains records of the medical history or 24 medical treatment of an identified or readily identifiable individual or 25 individuals and as a result of such alteration or destruction, such 26 individual or individuals suffer serious physical injury, and he or she 27 is aware of and consciously disregards a substantial and unjustifiable 28 risk that such serious physical injury may occur. 29 Computer tampering in the [~~second~~] third degree is a class D felony. 30 § 5. Section 156.27 of the penal law, as added by chapter 89 of the 31 laws of 1993, is amended to read as follows: 32 § 156.27 Computer tampering in the [~~first~~] second degree. 33 A person is guilty of computer tampering in the [~~first~~] second degree 34 when he or she commits the crime of computer tampering in the [~~fourth~~] 35 fifth degree and he or she intentionally alters in any manner or 36 destroys computer data or a computer program so as to cause damages in 37 an aggregate amount exceeding fifty thousand dollars. 38 Computer tampering in the [~~first~~] second degree is a class C felony. 39 § 6. The penal law is amended by adding a new section 156.28 to read 40 as follows: 41 § 156.28 Computer tampering in the first degree. 42 A person is guilty of computer tampering in the first degree when he 43 or she commits the crime of computer tampering in the fifth degree and 44 he or she intentionally alters in any manner or destroys computer data 45 or a computer program and thereby causes damages in an aggregate amount 46 of one million dollars or more. 47 Computer tampering in the first degree is a class B felony. 48 § 7. This act shall take effect immediately.

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