STATE OF NEW YORK ________________________________________________________________________ 597 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 trademark counterfeiting The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 165.71 of the penal law, as added by chapter 490 of 2 the laws of 1992, is amended to read as follows: 3 § 165.71 Trademark counterfeiting in the [~~third~~] fourth degree. 4 A person is guilty of trademark counterfeiting in the [~~third~~] fourth 5 degree when, with the intent to deceive or defraud some other person or 6 with the intent to evade a lawful restriction on the sale, resale, 7 offering for sale, or distribution of goods, he or she manufactures, 8 distributes, sells, or offers for sale goods which bear a counterfeit 9 trademark, or possesses a trademark knowing it to be counterfeit for the 10 purpose of affixing it to any goods. 11 Trademark counterfeiting in the [~~third~~] fourth degree is a class A 12 misdemeanor. 13 § 2. Section 165.72 of the penal law, as amended by chapter 535 of the 14 laws of 1995, is amended to read as follows: 15 § 165.72 Trademark counterfeiting in the [~~second~~] third degree. 16 A person is guilty of trademark counterfeiting in the [~~second~~] third 17 degree when, with the intent to deceive or defraud some other person or 18 with the intent to evade a lawful restriction on the sale, resale, 19 offering for sale, or distribution of goods, he or she manufactures, 20 distributes, sells, or offers for sale goods which bear a counterfeit 21 trademark, or possesses a trademark knowing it to be counterfeit for the 22 purpose of affixing it to any goods, and the retail value of all such 23 goods bearing or intended to bear counterfeit trademarks exceeds one 24 thousand dollars or the total numbers of all such goods bearing counter- 25 feit trademarks exceeds two hundred. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01153-01-9

S. 597 2 1 Trademark counterfeiting in the [~~second~~] third degree is a class E 2 felony. 3 § 3. Section 165.73 of the penal law, as amended by chapter 535 of the 4 laws of 1995, is amended to read as follows: 5 § 165.73 Trademark counterfeiting in the [~~first~~] second degree. 6 A person is guilty of trademark counterfeiting in the [~~first~~] second 7 degree when, with the intent to deceive or defraud some other person, or 8 with the intent to evade a lawful restriction on the sale, resale, 9 offering for sale, or distribution of goods, he or she manufactures, 10 distributes, sells, or offers for sale goods which bear a counterfeit 11 trademark, or possesses a trademark knowing it to be counterfeit for the 12 purpose of affixing it to any goods, and the retail value of all such 13 goods bearing or intended to bear counterfeit trademarks exceeds [~~one~~ 14 ~~hundred thousand dollars~~] twenty-five thousand dollars or the total 15 numbers of all such goods bearing counterfeit trademarks exceeds two 16 thousand. 17 Trademark counterfeiting in the [~~first~~] second degree is a class [C] D 18 felony. 19 § 4. Section 165.74 of the penal law is renumbered section 165.75 and 20 a new section 165.74 is added to read as follows: 21 § 165.74 Trademark counterfeiting in the first degree. 22 A person is guilty of trademark counterfeiting in the first degree 23 when, with the intent to deceive or defraud some other person, or with 24 the intent to evade a lawful restriction on the sale, resale, offering 25 for sale, or distribution of goods, he or she manufactures, distributes, 26 sells, or offers for sale goods which bear a counterfeit trademark, or 27 possesses a trademark knowing it to be counterfeit for the purpose of 28 affixing it to any goods, and the retail value of all such goods bearing 29 or intended to bear counterfeit trademarks exceeds one hundred thousand 30 dollars or the total numbers of all such goods bearing counterfeit 31 trademarks exceeds ten thousand. 32 Trademark counterfeiting in the first degree is a class C felony. 33 § 5. This act shall take effect on the first of November next succeed- 34 ing the date on which it shall have become a law.

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