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S394Senate2019-2020 Session

Increase Penalties for Hacking

Official title

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

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

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill increases the penalties for computer tampering offenses by raising their classification to higher felony levels.

Why it matters

  1. Harsher penalties could act as a stronger deterrent against computer tampering, potentially reducing cybercrime incidents in New York. By raising the offense levels from misdemeanors or lower felonies to higher felony classes, the legal consequences become more severe.

  2. Individuals convicted of computer tampering will now face longer sentences, higher fines, and more lasting criminal records. This could especially impact first-time or low-level offenders who previously may have received lighter penalties.

  3. The reclassification of these offenses may influence how law enforcement and prosecutors prioritize and pursue cybercrime cases. Higher-level felonies often receive more investigative resources and prosecutorial attention, which could shift priorities within the criminal justice system.

  4. The bill may have implications for businesses and organizations, as increased penalties could encourage stronger cybersecurity measures and internal controls to avoid both victimization and liability.

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Who cares

Headline styles

Increase Penalties for Hacking

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

Sponsors

Primary sponsor
Andrew J. Lanza

Senator · Senate District 24

No co-sponsors yet.

History

  1. Referred to codes
  2. Referred to codes

Full text

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

STATE OF NEW YORK

394

2019-2020 Regular Sessions

IN SENATE (Prefiled)

January 9, 2019

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.

LBD03488-01-9

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

2018: S.3538 - Passed Senate / A.4452 - Referred to Codes 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.