Senate Bill S4374

2011-2012 Legislative Session

Establishes the crimes of possession of a counterfeit trademark in the first, second and third degrees

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-S4374 (ACTIVE) - Details

See Assembly Version of this Bill:
A4166
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add ยงยง165.75, 165.76 & 165.77, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A11191, A3161
2013-2014: S3980, A861
2015-2016: S2817, A3387
2017-2018: A5448

2011-S4374 (ACTIVE) - Summary

Establishes the crimes of possession of a counterfeit trademark in the first, second and third degrees.

2011-S4374 (ACTIVE) - Sponsor Memo

2011-S4374 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4374

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 31, 2011
                               ___________

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 establishing the crimes of
  possession of a counterfeit trademark in the first, second  and  third
  degrees

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The penal law is  amended  by  adding  three  new  sections
165.75, 165.76 and 165.77 to read as follows:
S 165.75 POSSESSION OF A COUNTERFEIT TRADEMARK IN THE THIRD DEGREE.
  A  PERSON  IS  GUILTY  OF POSSESSION OF A COUNTERFEIT TRADEMARK IN THE
THIRD DEGREE WHEN, WITH THE INTENT TO  DECEIVE  OR  DEFRAUD  SOME  OTHER
PERSON  OR  WITH  THE  INTENT TO EVADE A LAWFUL RESTRICTION ON THE SALE,
RESALE, OFFERING FOR SALE, OR DISTRIBUTION OF GOODS, HE OR SHE POSSESSES
A COUNTERFEIT TRADEMARK KNOWING IT TO BE COUNTERFEIT FOR THE PURPOSE  OF
AFFIXING IT TO ANY GOODS.
  POSSESSION OF A COUNTERFEIT TRADEMARK IN THE THIRD DEGREE IS A CLASS A
MISDEMEANOR.
S 165.76 POSSESSION OF A COUNTERFEIT TRADEMARK IN THE SECOND DEGREE.
  A  PERSON  IS  GUILTY  OF POSSESSION OF A COUNTERFEIT TRADEMARK IN THE
SECOND DEGREE WHEN, WITH THE INTENT TO DECEIVE  OR  DEFRAUD  SOME  OTHER
PERSON  OR  WITH  THE  INTENT TO EVADE A LAWFUL RESTRICTION ON THE SALE,
RESALE, OFFERING FOR SALE, OR DISTRIBUTION OF GOODS, HE OR SHE POSSESSES
MORE THAN ONE HUNDRED COUNTERFEIT TRADEMARKS KNOWING THEM TO BE COUNTER-
FEIT FOR THE PURPOSE OF AFFIXING THEM TO ANY GOODS.
  POSSESSION OF A COUNTERFEIT TRADEMARK IN THE SECOND DEGREE IS A  CLASS
E FELONY.
S 165.77 POSSESSION OF A COUNTERFEIT TRADEMARK IN THE FIRST DEGREE.
  A  PERSON  IS  GUILTY  OF POSSESSION OF A COUNTERFEIT TRADEMARK IN THE
FIRST DEGREE WHEN, WITH THE INTENT TO  DECEIVE  OR  DEFRAUD  SOME  OTHER
PERSON  OR  WITH  THE  INTENT TO EVADE A LAWFUL RESTRICTION ON THE SALE,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05052-01-1

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