LBD03876-03-7
S. 2406--A 2
it unlikely that an owner will recover such property. WHEN THE PROPERTY
IS PERSONAL IDENTIFYING INFORMATION, COMPUTER DATA OR COMPUTER PROGRAM,
TO DEPRIVE ANOTHER OF ITS MEANS TO OBTAIN IT OR CAUSE A THIRD PERSON TO
OBTAIN IT UNDER SUCH CIRCUMSTANCES THAT A SUBSTANTIAL PORTION OF THE
ECONOMIC BENEFIT OR VALUE OF HAVING CONTROL OVER IT OR AUTHORITY OVER
ITS USE IS LOST TO AN OWNER. TO DEPRIVE ANOTHER OF SERVICE IS TO USE OR
ACCESS A SERVICE OR CAUSE A THIRD PERSON TO USE OR ACCESS A SERVICE
UNDER SUCH CIRCUMSTANCES THAT SOME OF THE ECONOMIC BENEFIT OR VALUE OF
HAVING CONTROL OR AUTHORITY OVER PROVIDING THE SERVICE IS LOST TO AN
OWNER.
4. "Appropriate." To "appropriate" property of another to oneself or a
third person means (a) to exercise control over it, or to aid a third
person to exercise control over it, permanently or for so extended a
period or under such circumstances as to acquire the major portion of
its economic value or benefit, or (b) to dispose of the property for the
benefit of oneself or a third person. WHEN THE PROPERTY IS PERSONAL
IDENTIFYING INFORMATION, COMPUTER DATA OR COMPUTER PROGRAM OF ANOTHER,
TO APPROPRIATE IT TO ONESELF OR A THIRD PERSON MEANS TO OBTAIN IT UNDER
SUCH CIRCUMSTANCES AS TO ACQUIRE THE ABILITY TO USE IT OR DISPOSE OF IT
TO THE ECONOMIC BENEFIT OF ONESELF OR A THIRD PERSON OR TO THE ECONOMIC
DETRIMENT OR DAMAGE OF AN OWNER. TO APPROPRIATE A SERVICE PROVIDED BY
ANOTHER TO ONESELF OR A THIRD PERSON MEANS TO USE OR ACCESS THE SERVICE
UNDER SUCH CIRCUMSTANCES AS TO ACQUIRE THE ABILITY TO USE IT TO THE
ECONOMIC BENEFIT OF ONESELF OR A THIRD PERSON OR TO THE ECONOMIC DETRI-
MENT OR DAMAGE OF AN OWNER.
10. "COMPUTER PROGRAM" MEANS AN ORDERED SET OF DATA REPRESENTING CODED
INSTRUCTIONS OR STATEMENTS THAT WHEN EXECUTED BY THE COMPUTER, CAUSE THE
COMPUTER TO PROCESS DATA OR DIRECT THE COMPUTER TO PERFORM ONE OR MORE
COMPUTER OPERATIONS OR BOTH AND MAY BE IN ANY FORM, INCLUDING MAGNETIC
STORAGE MEDIA, OPTICAL MEDIA, COMPUTING DEVICES, PUNCHED CARDS, OR
STORED INTERNALLY IN THE MEMORY OF THE COMPUTER.
11. "COMPUTER DATA" MEANS A REPRESENTATION OF INFORMATION, KNOWLEDGE,
FACTS, CONCEPT OR INSTRUCTIONS WHICH ARE BEING PROCESSED, OR HAVE BEEN
PROCESSED IN A COMPUTER AND MAY BE IN ANY FORM INCLUDING MAGNETIC STOR-
AGE MEDIA, PUNCHED CARDS, OR STORED INTERNALLY IN THE MEMORY OF THE
COMPUTER.
§ 2. Paragraph (c) of subdivision 2 of section 155.05 of the penal law
is amended and a new paragraph (f) is added to read as follows:
(c) By committing the crime of issuing a bad check, as defined in
section 190.05, OR BY OBTAINING PROPERTY OR SERVICE BY USING OR PRESENT-
ING A FORM OF PAYMENT OR PERSONAL IDENTIFYING INFORMATION THE ACTOR
KNOWS HE OR SHE IS NOT AUTHORIZED TO USE OR KNOWS IS EXPIRED OR FORGED
OR OTHERWISE NOT VALID;
(F) BY THEFT OF SERVICE. THEFT OF SERVICE MEANS EITHER: (I) USING OR
ACCESSING A SERVICE IN A MANNER THAT OTHERWISE REQUIRES PAYMENT AND
INTENTIONALLY FAILING TO PAY FOR SUCH USE OR ACCESS BY EITHER TAMPERING
WITHOUT AUTHORITY WITH A DELIVERY, PAYMENT, OR MEASUREMENT DEVICE OR
MECHANISM, OR BY ENTERING OR LEAVING PREMISES WHERE THE SERVICE IS
PROVIDED BY STEALTH OR BY EVADING A PHYSICAL BARRIER, OR (II) USING OR
ACCESSING A SERVICE IN A MANNER THAT OTHERWISE REQUIRES PAYMENT OR THE
PRESENTATION OF PERSONAL IDENTIFYING INFORMATION AND USING OR PRESENTING
A FORM OF PAYMENT OR PERSONAL IDENTIFYING INFORMATION THE ACTOR KNOWS HE
OR SHE IS NOT AUTHORIZED TO USE OR KNOWS IS EXPIRED OR FORGED OR OTHER-
WISE NOT VALID.
§ 3. Subdivision 1 of section 155.20 of the penal law is amended to
read as follows:
S. 2406--A 3
1. Except as otherwise specified in this section, value means the
market value of the property at the time and place of the crime, or if
such cannot be satisfactorily ascertained, the cost of replacement of
the property within a reasonable time after the crime. WITH REGARD TO
SERVICE, VALUE SHALL ALSO MEAN THE COST OF PROVIDING THE SERVICE AT THE
TIME OF THE CRIME, AND WITH REGARD TO THE VALUE OF COMPUTER DATA OR
COMPUTER PROGRAM VALUE SHALL MEAN THE REPLACEMENT COST OR THE MARKET
VALUE AT THE TIME AND PLACE OF THE CRIME, OR THE COST TO WRITE OR DEVEL-
OP SUCH DATA AND/OR PROGRAM, WHICHEVER IS GREATER.
§ 4. The penal law is amended by adding a new section 155.23 to read
as follows:
§ 155.23 PETIT THEFT OF SERVICE.
A PERSON IS GUILTY OF PETIT THEFT OF SERVICE WHEN HE OR SHE STEALS A
SERVICE.
PETIT THEFT OF SERVICE IS A CLASS B MISDEMEANOR.
§ 5. Section 155.25 of the penal law is amended to read as follows:
§ 155.25 Petit larceny.
A person is guilty of petit larceny when he OR SHE steals property, OR
STEALS A SERVICE AND THE VALUE OF THE SERVICE EXCEEDS FIVE HUNDRED
DOLLARS.
Petit larceny is a class A misdemeanor.
§ 6. The opening paragraph and subdivisions 1, 4 and 6 of section
155.30 of the penal law, the opening paragraph and subdivisions 1 and 6
as amended by chapter 515 of the laws of 1986, subdivision 4 as amended
by chapter 556 of the laws of 1987, are amended to read as follows:
A person is guilty of grand larceny in the fourth degree when he OR
SHE steals property OR A SERVICE and when:
1. The value of the property OR SERVICE exceeds one thousand dollars;
or
4. The property consists of a credit card or debit card OR PERSONAL
IDENTIFYING INFORMATION; or
6. The property OR SERVICE, regardless of its nature and value, is
obtained by extortion; or
§ 7. Section 155.35 of the penal law, as amended by chapter 464 of the
laws of 2010, is amended to read as follows:
§ 155.35 Grand larceny in the third degree.
A person is guilty of grand larceny in the third degree when he or she
steals property OR A SERVICE and:
1. when the value of the property exceeds three thousand dollars, or
2. the property is an automated teller machine or the contents of an
automated teller machine, OR
3. THE PROPERTY IS PERSONAL IDENTIFYING INFORMATION OF TWENTY-FIVE OR
MORE PERSONS.
Grand larceny in the third degree is a class D felony.
§ 8. Section 155.40 of the penal law, as amended by chapter 515 of the
laws of 1986, is amended to read as follows:
§ 155.40 Grand larceny in the second degree.
A person is guilty of grand larceny in the second degree when he OR
SHE steals property OR A SERVICE and when:
1. The value of the property OR SERVICE exceeds fifty thousand
dollars; or
2. The property OR SERVICE, regardless of its nature and value, is
obtained by extortion committed by instilling in the victim a fear that
the actor or another person will (a) cause physical injury to some
person in the future, or (b) cause damage to property, or (c) use or
abuse his OR HER position as a public servant by engaging in conduct
S. 2406--A 4
within or related to his OR HER official duties, or by failing or refus-
ing to perform an official duty, in such manner as to affect some person
adversely, OR
3. THE PROPERTY IS PERSONAL IDENTIFYING INFORMATION OF ONE HUNDRED OR
MORE PERSONS.
Grand larceny in the second degree is a class C felony.
§ 9. Section 155.42 of the penal law, as added by chapter 515 of the
laws of 1986, is amended to read as follows:
§ 155.42 Grand larceny in the first degree.
A person is guilty of grand larceny in the first degree when he OR SHE
steals property OR A SERVICE and when the value of the property OR
SERVICE exceeds one million dollars; OR THE PROPERTY IS PERSONAL IDENTI-
FYING INFORMATION OF ONE THOUSAND OR MORE PERSONS.
Grand larceny in the first degree is a class B felony.
§ 10. Subdivisions 5 and 8 of section 156.00 of the penal law, subdi-
vision 5 as amended and subdivision 8 as added by chapter 558 of the
laws of 2006, are amended to read as follows:
5. "Computer material" is property and means any computer data or
computer program which:
(a) contains records of the medical history or medical treatment of an
identified or readily identifiable individual or individuals. This term
shall not apply to the gaining access to or duplication solely of the
medical history or medical treatment records of a person by that person
or by another specifically authorized by the person whose records are
gained access to or duplicated; or
(b) contains records maintained by the state or any political subdivi-
sion thereof or any governmental instrumentality within the state which
contains any information concerning a person, as defined in subdivision
seven of section 10.00 of this chapter, which because of name, number,
symbol, mark or other identifier, can be used to identify the person and
which is otherwise prohibited by law from being disclosed. This term
shall not apply to the gaining access to or duplication solely of
records of a person by that person or by another specifically authorized
by the person whose records are gained access to or duplicated; or
(c) is not and is not intended to be available to anyone other than
the person or persons rightfully in possession thereof or selected
persons having access thereto with his, her or their consent and which
[accords or may accord such rightful possessors an advantage over
competitors or other persons who do not have knowledge or the benefit
thereof] ANY PERSON, OTHER THAN A PERSON RIGHTFULLY IN POSSESSION, KNOWS
OR SHOULD KNOW IS NOT INTENDED TO BE AVAILABLE TO HIM OR HER.
8. "Without authorization" means to use or to access a computer,
computer service or computer network without the permission of the owner
or lessor or someone licensed or privileged by the owner or lessor where
such person knew that his or her use or access was without permission or
after actual notice to such person that such use or access was without
permission, OR THAT SUCH USE OR ACCESS WAS FOR PURPOSES OTHER THAN THOSE
FOR WHICH PERMISSION WAS GRANTED BY THE OWNER, LESSOR, OR SOMEONE
LICENSED OR PRIVILEGED BY SUCH OWNER OR LESSOR. It shall also mean the
access of a computer service by a person without permission where such
person knew that such access was without permission or after actual
notice to such person, that such access was without permission.
Proof that such person used or accessed a computer, computer service
or computer network through the knowing use of a set of instructions,
code or computer program that bypasses, defrauds or otherwise circum-
vents a security measure installed or used with the user's authorization
S. 2406--A 5
on the computer, computer service or computer network shall be presump-
tive evidence that such person used or accessed such computer, computer
service or computer network without authorization.
§ 11. Section 156.20 of the penal law, as amended by chapter 558 of
the laws of 2006, is amended to read as follows:
§ 156.20 Computer tampering in the [fourth] FIFTH degree.
A person is guilty of computer tampering in the [fourth] FIFTH degree
when he or she uses, causes to be used, or accesses a computer, computer
service, or computer network without authorization and he or she inten-
tionally alters in any manner or destroys computer data or a computer
program of another person.
Computer tampering in the [fourth] FIFTH degree is a class A misdemea-
nor.
§ 12. Section 156.25 of the penal law, as amended by chapter 89 of the
laws of 1993, subdivision 2 as amended by chapter 376 of the laws of
1997, is amended to read as follows:
§ 156.25 Computer tampering in the [third] FOURTH degree.
A person is guilty of computer tampering in the third degree when he
OR SHE commits the crime of computer tampering in the [fourth] FIFTH
degree and:
1. he OR SHE does so with an intent to commit or attempt to commit or
further the commission of any felony; or
2. he OR SHE has been previously convicted of any crime under this
article or subdivision eleven of section 165.15 of this chapter; or
3. he OR SHE intentionally alters in any manner or destroys computer
material; or
4. he OR SHE intentionally alters in any manner or destroys computer
data or a computer program so as to cause damages in an aggregate amount
exceeding one thousand dollars.
Computer tampering in the [third] FOURTH degree is a class E felony.
§ 13. Section 156.26 of the penal law, as amended by chapter 590 of
the laws of 2008, is amended to read as follows:
§ 156.26 Computer tampering in the [second] THIRD degree.
A person is guilty of computer tampering in the [second] THIRD degree
when he or she commits the crime of computer tampering in the fourth
degree and he or she intentionally alters in any manner or destroys:
1. computer data or a computer program so as to cause damages in an
aggregate amount exceeding three thousand dollars; or
2. computer material that contains records of the medical history or
medical treatment of an identified or readily identifiable individual or
individuals and as a result of such alteration or destruction, such
individual or individuals suffer serious physical injury, and he or she
is aware of and consciously disregards a substantial and unjustifiable
risk that such serious physical injury may occur.
Computer tampering in the [second] THIRD degree is a class D felony.
§ 14. Section 156.27 of the penal law, as added by chapter 89 of the
laws of 1993, is amended to read as follows:
§ 156.27 Computer tampering in the [first] SECOND degree.
A person is guilty of computer tampering in the [first] SECOND degree
when he OR SHE commits the crime of computer tampering in the fourth
degree and he OR SHE intentionally alters in any manner or destroys
computer data or a computer program so as to cause damages in an aggre-
gate amount exceeding fifty thousand dollars.
Computer tampering in the [first] SECOND degree is a class C felony.
§ 15. The penal law is amended by adding a new section 156.28 to read
as follows:
S. 2406--A 6
§ 156.28 COMPUTER TAMPERING IN THE FIRST DEGREE.
A PERSON IS GUILTY OF COMPUTER TAMPERING IN THE FIRST DEGREE WHEN HE
OR SHE COMMITS THE CRIME OF COMPUTER TAMPERING IN THE FIFTH DEGREE AND
HE OR SHE INTENTIONALLY ALTERS IN ANY MANNER OR DESTROYS COMPUTER DATA
OR A COMPUTER PROGRAM AND THEREBY CAUSES DAMAGES IN AN AGGREGATE AMOUNT
OF ONE MILLION DOLLARS OR MORE.
COMPUTER TAMPERING IN THE FIRST DEGREE IS A CLASS B FELONY.
§ 16. The penal law is amended by adding five new sections 156.60,
156.65, 156.70, 156.75 and 156.80 to read as follows:
§ 156.60 DENIAL OF SERVICE ATTACK ON A COMPUTER, COMPUTER SERVICE,
COMPUTER PROGRAM, OR COMPUTER NETWORK IN THE FIFTH DEGREE.
A PERSON IS GUILTY OF DENIAL OF SERVICE ATTACK ON A COMPUTER, COMPUTER
SERVICE, COMPUTER PROGRAM, OR COMPUTER NETWORK IN THE FIFTH DEGREE WHEN
HE OR SHE ACTING ALONE OR WITH OTHERS KNOWINGLY CAUSES THE TRANSMISSION
OF A PROGRAM, INFORMATION, CODE, OR COMMAND, OR OTHER ELECTRONIC COMMU-
NICATION, AND AS A RESULT OF SUCH CONDUCT, INTENTIONALLY MAKES THE
COMPUTER, COMPUTER SERVICE, COMPUTER PROGRAM, OR COMPUTER NETWORK TEMPO-
RARILY OR INDEFINITELY UNAVAILABLE TO ITS INTENDED USERS.
DENIAL OF SERVICE ATTACK ON A COMPUTER, COMPUTER SERVICE, COMPUTER
PROGRAM, OR COMPUTER NETWORK IN THE FIFTH DEGREE IS A CLASS A MISDEMEA-
NOR.
§ 156.65 DENIAL OF SERVICE ATTACK ON A COMPUTER, COMPUTER SERVICE,
COMPUTER PROGRAM, OR COMPUTER NETWORK IN THE FOURTH DEGREE.
A PERSON IS GUILTY OF DENIAL OF SERVICE ATTACK ON A COMPUTER, COMPUTER
SERVICE, COMPUTER PROGRAM, OR COMPUTER NETWORK IN THE FOURTH DEGREE WHEN
HE OR SHE COMMITS THE CRIME OF DENIAL OF SERVICE ATTACK ON A COMPUTER,
COMPUTER SERVICE, COMPUTER PROGRAM, OR COMPUTER NETWORK IN THE FIFTH
DEGREE AND THEREBY CAUSES DAMAGES OR LOSS THAT EXCEEDS ONE THOUSAND
DOLLARS TO ANOTHER PERSON OR PERSONS, AND/OR ONE OR MORE FINANCIAL
INSTITUTIONS AND/OR OTHER BUSINESSES.
DENIAL OF SERVICE ATTACK ON A COMPUTER, COMPUTER SERVICE, COMPUTER
PROGRAM, OR COMPUTER NETWORK IN THE FOURTH DEGREE IS A CLASS E FELONY.
§ 156.70 DENIAL OF SERVICE ATTACK ON A COMPUTER, COMPUTER SERVICE,
COMPUTER PROGRAM, OR COMPUTER NETWORK IN THE THIRD DEGREE.
A PERSON IS GUILTY OF DENIAL OF SERVICE ATTACK ON A COMPUTER IN THE
THIRD DEGREE WHEN HE OR SHE COMMITS THE CRIME OF DENIAL OF SERVICE
ATTACK ON A COMPUTER, COMPUTER SERVICE, COMPUTER PROGRAM, OR COMPUTER
NETWORK IN THE FIFTH DEGREE AND THEREBY CAUSES DAMAGES OR LOSS THAT
EXCEEDS THREE THOUSAND DOLLARS TO ANOTHER PERSON OR PERSONS, AND/OR TO
ONE OR MORE FINANCIAL INSTITUTIONS AND/OR OTHER BUSINESSES, OR COMMITS
OR ATTEMPTS TO COMMIT A CLASS D FELONY OR HIGHER LEVEL CRIME OR ACTS AS
AN ACCESSORY TO THE COMMISSION OF A CLASS D OR HIGHER LEVEL FELONY.
DENIAL OF SERVICE ATTACK ON A COMPUTER, COMPUTER SERVICE, COMPUTER
PROGRAM, OR COMPUTER NETWORK IN THE THIRD DEGREE IS A CLASS D FELONY.
§ 156.75 DENIAL OF SERVICE ATTACK ON A COMPUTER, COMPUTER SERVICE,
COMPUTER PROGRAM, OR COMPUTER NETWORK IN THE SECOND DEGREE.
A PERSON IS GUILTY OF DENIAL OF SERVICE ATTACK ON A COMPUTER, COMPUTER
SERVICE, COMPUTER PROGRAM, OR COMPUTER NETWORK IN THE SECOND DEGREE WHEN
HE OR SHE COMMITS THE CRIME OF DENIAL OF SERVICE ATTACK ON A COMPUTER,
COMPUTER SERVICE, COMPUTER PROGRAM, OR COMPUTER NETWORK IN THE FIFTH
DEGREE AND THEREBY CAUSES DAMAGES OR LOSS THAT EXCEEDS FIFTY THOUSAND
DOLLARS TO ANOTHER PERSON OR PERSONS, AND/OR FINANCIAL INSTITUTIONS
AND/OR OTHER BUSINESSES, OR COMMITS OR ATTEMPTS TO COMMIT A CLASS C
FELONY OR HIGHER LEVEL CRIME OR ACTS AS AN ACCESSORY IN THE COMMISSION
OF A CLASS C OR HIGHER LEVEL FELONY.
S. 2406--A 7
DENIAL OF SERVICE ATTACK ON A COMPUTER, COMPUTER SERVICE, COMPUTER
PROGRAM, OR COMPUTER NETWORK IN THE SECOND DEGREE IS A CLASS C FELONY.
§ 156.80 DENIAL OF SERVICE ATTACK ON A COMPUTER, COMPUTER SERVICE,
COMPUTER PROGRAM, OR COMPUTER NETWORK IN THE FIRST DEGREE.
A PERSON IS GUILTY OF DENIAL OF SERVICE ATTACK ON A COMPUTER, COMPUTER
SERVICE, COMPUTER PROGRAM, OR COMPUTER NETWORK IN THE FIRST DEGREE WHEN
HE OR SHE COMMITS THE CRIME OF DENIAL OF SERVICE ATTACK ON A COMPUTER,
COMPUTER SERVICE, COMPUTER PROGRAM, OR COMPUTER NETWORK IN THE FIFTH
DEGREE AND THEREBY CAUSES DAMAGES OR LOSS THAT EXCEEDS ONE MILLION
DOLLARS TO ANOTHER PERSON OR PERSONS, AND/OR ONE OR MORE FINANCIAL
INSTITUTIONS AND/OR OTHER BUSINESSES, OR COMMITS OR ATTEMPTS TO COMMIT A
CLASS B FELONY OR HIGHER LEVEL CRIME OR ACTS AS AN ACCESSORY IN THE
COMMISSION ON A CLASS B OR HIGHER LEVEL FELONY.
DENIAL OF SERVICE ATTACK ON A COMPUTER, COMPUTER SERVICE, COMPUTER
PROGRAM, OR COMPUTER NETWORK IN THE FIRST DEGREE IS A CLASS B FELONY.
§ 17. Subdivision 2 of section 165.45 of the penal law, as amended by
chapter 81 of the laws of 1995, is amended to read as follows:
2. The property consists of a credit card, debit card or public bene-
fit card, OR PERSONAL IDENTIFYING INFORMATION AS DEFINED IN SECTION
190.77 OF THIS CHAPTER; or
§ 18. Section 165.50 of the penal law, as amended by chapter 515 of
the laws of 1986, is amended to read as follows:
§ 165.50 Criminal possession of stolen property in the third degree.
A person is guilty of criminal possession of stolen property in the
third degree when he OR SHE knowingly possesses stolen property, with
intent to benefit himself OR HERSELF or a person other than an owner
thereof or to impede the recovery by an owner thereof, and when the
value of the property exceeds three thousand dollars, OR THE PROPERTY
CONSISTED OF THE PERSONAL IDENTIFYING INFORMATION OF TWENTY-FIVE OR MORE
PERSONS.
Criminal possession of stolen property in the third degree is a class
D felony.
§ 19. Section 165.52 of the penal law, as added by chapter 515 of the
laws of 1986, is amended to read as follows:
§ 165.52 Criminal possession of stolen property in the second degree.
A person is guilty of criminal possession of stolen property in the
second degree when he OR SHE knowingly possesses stolen property, with
intent to benefit himself OR HERSELF or a person other than an owner
thereof or to impede the recovery by an owner thereof, and when the
value of the property exceeds fifty thousand dollars, OR THE PROPERTY
CONSISTS OF THE PERSONAL IDENTIFYING INFORMATION OF ONE HUNDRED OR MORE
PERSONS.
Criminal possession of stolen property in the second degree is a class
C felony.
§ 20. Section 165.54 of the penal law, as added by chapter 515 of the
laws of 1986, is amended to read as follows:
§ 165.54 Criminal possession of stolen property in the first degree.
A person is guilty of criminal possession of stolen property in the
first degree when he OR SHE knowingly possesses stolen property, with
intent to benefit himself OR HERSELF or a person other than an owner
thereof or to impede the recovery by an owner, and when the value of the
property exceeds one million dollars, OR THE PROPERTY CONSISTS OF THE
PERSONAL IDENTIFYING INFORMATION OF ONE THOUSAND OR MORE PERSONS.
Criminal possession of stolen property in the first degree is a class
B felony.
S. 2406--A 8
§ 21. Sections 190.60 and 190.65 of the penal law are REPEALED and six
new sections 190.60, 190.61, 190.62, 190.63, 190.64 and 190.65 are added
to read as follows:
§ 190.60 SCHEME TO DEFRAUD DEFINED.
1. A PERSON ENGAGES IN A SCHEME TO DEFRAUD WHEN HE OR SHE ENGAGES IN A
SCHEME CONSTITUTING A SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT
TO DEFRAUD AT LEAST ONE PERSON OR TO OBTAIN PROPERTY OR SERVICE FROM AT
LEAST ONE PERSON BY FALSE OR FRAUDULENT PRETENSES, REPRESENTATIONS OR
PROMISES, AND SO OBTAINS PROPERTY OR SERVICE FROM AT LEAST ONE PERSON.
2. PROPERTY, SERVICE, COMPUTER DATA AND COMPUTER PROGRAM SHALL HAVE
THE MEANINGS SET FORTH IN SECTION 155.00 OF THIS CHAPTER.
3. IN ANY PROSECUTION OF A SCHEME TO DEFRAUD, IT SHALL BE NECESSARY TO
PROVE THE IDENTITY OF AT LEAST ONE PERSON FROM WHOM THE DEFENDANT SO
OBTAINED PROPERTY OR SERVICE, BUT IT SHALL NOT BE NECESSARY TO PROVE THE
IDENTITY OF ANY OTHER INTENDED VICTIM, PROVIDED THAT IN A PROSECUTION OF
A SCHEME TO DEFRAUD PURSUANT TO SUBDIVISION THREE OF SECTION 190.62 OF
THIS ARTICLE, IT SHALL BE NECESSARY TO PROVE THE IDENTITY OF AT LEAST
ONE SUCH VULNERABLE ELDERLY PERSON.
§ 190.61 SCHEME TO DEFRAUD IN THE FIFTH DEGREE.
A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE FIFTH DEGREE WHEN HE
OR SHE ENGAGES IN A SCHEME TO DEFRAUD.
SCHEME TO DEFRAUD IN THE FIFTH DEGREE IS A CLASS A MISDEMEANOR.
§ 190.62 SCHEME TO DEFRAUD IN THE FOURTH DEGREE.
A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE FOURTH DEGREE WHEN HE
OR SHE ENGAGES IN A SCHEME TO DEFRAUD, AND
1. INTENDS TO OBTAIN PROPERTY OR SERVICE FROM TEN OR MORE PERSONS; OR
2. THE VALUE OF THE PROPERTY OR SERVICE OBTAINED EXCEEDS ONE THOUSAND
DOLLARS; OR
3. INTENDS TO OBTAIN AND DOES OBTAIN PROPERTY OR SERVICE FROM AT LEAST
ONE VULNERABLE ELDERLY PERSON AS DEFINED IN SUBDIVISION THREE OF SECTION
260.31 OF THIS CHAPTER.
SCHEME TO DEFRAUD IN THE FOURTH DEGREE IS A CLASS E FELONY.
§ 190.63 SCHEME TO DEFRAUD IN THE THIRD DEGREE.
A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE THIRD DEGREE WHEN HE
OR SHE ENGAGES IN A SCHEME TO DEFRAUD, AND
1. INTENDS TO OBTAIN PROPERTY OR SERVICE FROM TWENTY-FIVE OR MORE
PERSONS; OR
2. THE VALUE OF THE PROPERTY OR SERVICE OBTAINED EXCEEDS THREE THOU-
SAND DOLLARS.
SCHEME TO DEFRAUD IN THE THIRD DEGREE IS A CLASS D FELONY.
§ 190.64 SCHEME TO DEFRAUD IN THE SECOND DEGREE.
A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE SECOND DEGREE WHEN HE
OR SHE ENGAGES IN A SCHEME TO DEFRAUD, AND
1. INTENDS TO OBTAIN PROPERTY OR SERVICE FROM ONE HUNDRED OR MORE
PERSONS; OR
2. THE VALUE OF THE PROPERTY OR SERVICE OBTAINED EXCEEDS FIFTY THOU-
SAND DOLLARS.
SCHEME TO DEFRAUD IN THE SECOND DEGREE IS A CLASS C FELONY.
§ 190.65 SCHEME TO DEFRAUD IN THE FIRST DEGREE.
A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE FIRST DEGREE WHEN HE
OR SHE ENGAGES IN A SCHEME TO DEFRAUD, AND
1. INTENDS TO OBTAIN PROPERTY OR SERVICE FROM ONE THOUSAND OR MORE
PERSONS; OR
2. THE VALUE OF THE PROPERTY OR SERVICE OBTAINED EXCEEDS ONE MILLION
DOLLARS.
SCHEME TO DEFRAUD IN THE FIRST DEGREE IS A CLASS B FELONY.
S. 2406--A 9
§ 22. Section 190.78 of the penal law, as added by chapter 619 of the
laws of 2002, is amended to read as follows:
§ 190.78 Identity theft in the [third] FIFTH degree.
A person is guilty of identity theft in the [third] FIFTH degree when
he or she knowingly and with intent to defraud assumes the identity of
another person by presenting himself or herself as that other person, or
by acting as that other person or by using personal identifying informa-
tion of that other person, and thereby:
1. obtains goods, money, property or services or uses credit in the
name of such other person or causes financial loss to such person or to
another person or persons; or
2. commits a class A misdemeanor or higher level crime.
Identity theft in the [third] FIFTH degree is a class A misdemeanor.
§ 23. Section 190.79 of the penal law, as added by chapter 619 of the
laws of 2002, subdivision 4 as amended by chapter 279 of the laws of
2008, is amended to read as follows:
§ 190.79 Identity theft in the [second] FOURTH degree.
A person is guilty of [identify] IDENTITY theft in the [second] FOURTH
degree when he or she knowingly and with intent to defraud assumes the
identity of another person by presenting himself or herself as that
other person, or by acting as that other person or by using personal
identifying information of that other person, and thereby:
1. obtains goods, money, property or services or uses credit in the
name of such other person in an aggregate amount that exceeds five
hundred dollars; or
2. causes financial loss to such person or to another person or
persons in an aggregate amount that exceeds five hundred dollars; or
3. commits or attempts to commit a felony or acts as an accessory to
the commission of a felony; or
4. commits the crime of identity theft in the [third] FIFTH degree as
defined in section 190.78 of this article and has been previously
convicted within the last [five years of identity theft in the third
degree as defined in section 190.78, identity theft in the second degree
as defined in this section, identity theft in the first degree as
defined in section 190.80, unlawful possession of personal identifica-
tion information in the third degree as defined in section 190.81,
unlawful possession of personal identification information in the second
degree as defined in section 190.82, unlawful possession of personal
identification information in the first degree as defined in section
190.83, unlawful possession of a skimmer device in the second degree as
defined in section 190.85, unlawful possession of a skimmer device in
the first degree as defined in section 190.86, grand larceny in the
fourth degree as defined in section 155.30, grand larceny in the third
degree as defined in section 155.35, grand larceny in the second degree
as defined in section 155.40 or grand larceny in the first degree as
defined in section 155.42 of this chapter] TEN YEARS, EXCLUDING ANY TIME
PERIOD DURING WHICH SUCH PERSON WAS INCARCERATED FOR ANY REASON, OF ANY
CRIME IN THIS ARTICLE OR ARTICLE ONE HUNDRED SEVENTY OF THIS CHAPTER, OR
OF ANY LARCENY CRIME AS DEFINED IN ARTICLE ONE HUNDRED FIFTY-FIVE OF
THIS CHAPTER, OR OF ANY CRIMINAL POSSESSION OF STOLEN PROPERTY CRIME AS
DEFINED IN ARTICLE ONE HUNDRED SIXTY-FIVE OF THIS CHAPTER; OR HE OR SHE
KNOWINGLY AND WITH INTENT TO DEFRAUD ASSUMES THE IDENTITY OF THREE OR
MORE PERSONS BY PRESENTING HIMSELF OR HERSELF AS THOSE PERSONS OR BY
ACTING AS THOSE PERSONS OR BY USING PERSONAL IDENTIFYING INFORMATION OF
ANY OF THOSE PERSONS AND THEREBY OBTAINS GOODS, MONEY, PROPERTY OR
SERVICES OR USES CREDIT IN THE NAME OF AT LEAST ONE SUCH PERSON, OR
S. 2406--A 10
CAUSES FINANCIAL LOSS TO AT LEAST ONE SUCH PERSON OR TO ANOTHER PERSON
OR PERSONS.
Identity theft in the [second] FOURTH degree is a class E felony.
§ 24. Section 190.80 of the penal law, as added by chapter 619 of the
laws of 2002, subdivision 4 as amended by chapter 279 of the laws of
2008, is amended to read as follows:
§ 190.80 Identity theft in the [first] THIRD degree.
A person is guilty of identity theft in the [first] THIRD degree when
he or she knowingly and with intent to defraud assumes the identity of
another person by presenting himself or herself as that other person, or
by acting as that other person or by using personal identifying informa-
tion of that other person, and thereby:
1. obtains goods, money, property or services or uses credit in the
name of such other person in an aggregate amount that exceeds two thou-
sand dollars; or
2. causes financial loss to such person or to another person or
persons in an aggregate amount that exceeds two thousand dollars; or
3. commits or attempts to commit a class D felony or higher level
crime or acts as an accessory in the commission of a class D or higher
level felony; or
4. commits the crime of identity theft in the [second] FOURTH degree
as defined in section 190.79 of this article and has been previously
convicted within the last [five years of identity theft in the third
degree as defined in section 190.78, identity theft in the second degree
as defined in section 190.79, identity theft in the first degree as
defined in this section, unlawful possession of personal identification
information in the third degree as defined in section 190.81, unlawful
possession of personal identification information in the second degree
as defined in section 190.82, unlawful possession of personal identifi-
cation information in the first degree as defined in section 190.83,
unlawful possession of a skimmer device in the second degree as defined
in section 190.85, unlawful possession of a skimmer device in the first
degree as defined in section 190.86, grand larceny in the fourth degree
as defined in section 155.30, grand larceny in the third degree as
defined in section 155.35, grand larceny in the second degree as defined
in section 155.40 or grand larceny in the first degree as defined in
section 155.42 of this chapter] TEN YEARS, EXCLUDING ANY TIME PERIOD
DURING WHICH SUCH PERSON WAS INCARCERATED FOR ANY REASON, OF ANY CRIME
IN THIS ARTICLE OR ARTICLE ONE HUNDRED SEVENTY OF THIS CHAPTER, OR OF
ANY LARCENY CRIME AS DEFINED IN ARTICLE ONE HUNDRED FIFTY-FIVE OF THIS
CHAPTER, OR OF ANY CRIMINAL POSSESSION OF STOLEN PROPERTY CRIME AS
DEFINED IN ARTICLE ONE HUNDRED SIXTY-FIVE OF THIS CHAPTER; OR ASSUMES
THE IDENTITY OF TEN OR MORE PERSONS BY PRESENTING HIMSELF OR HERSELF AS
THOSE OTHER PERSONS, OR BY ACTING AS THOSE OTHER PERSONS, OR BY USING
PERSONAL IDENTIFYING INFORMATION OF THOSE OTHER PERSONS, AND THEREBY
OBTAINING GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE NAME
OF AT LEAST ONE SUCH PERSON, OR CAUSES FINANCIAL LOSS TO AT LEAST ONE
SUCH PERSON, TO ANOTHER PERSON OR PERSONS.
Identity theft in the [first] THIRD degree is a class D felony.
§ 25. Section 190.80-a of the penal law, as added by chapter 226 of
the laws of 2008, is renumbered section 190.80-c and amended, and two
new sections 190.80-a and 190.80-b are added to read as follows:
§ 190.80-A IDENTITY THEFT IN THE SECOND DEGREE.
A PERSON IS GUILTY OF IDENTITY THEFT IN THE SECOND DEGREE WHEN:
1. HE OR SHE KNOWINGLY AND WITH INTENT TO DEFRAUD ASSUMES THE IDENTITY
OF ANOTHER PERSON BY PRESENTING HIMSELF OR HERSELF AS THAT OTHER PERSON,
S. 2406--A 11
OR BY ACTING AS THAT OTHER PERSON OR BY USING PERSONAL IDENTIFYING
INFORMATION OF THAT OTHER PERSON, AND THEREBY:
A. OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE
NAME OF SUCH OTHER PERSON IN AN AGGREGATE AMOUNT THAT EXCEEDS TWENTY-
FIVE THOUSAND DOLLARS; OR
B. CAUSES FINANCIAL LOSS TO SUCH PERSON TO ANOTHER PERSON OR PERSONS
IN AN AGGREGATE AMOUNT THAT EXCEEDS TWENTY-FIVE THOUSAND DOLLARS; OR
C. COMMITS OR ATTEMPTS TO COMMIT A CLASS C FELONY OR HIGHER LEVEL
CRIME OR ACTS AS AN ACCESSORY IN THE COMMISSION OF A CLASS C OR HIGHER
LEVEL FELONY; OR
D. COMMITS THE CRIME OF IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED
IN SECTION 190.80 OF THIS ARTICLE AND HAS BEEN PREVIOUSLY CONVICTED
WITHIN THE LAST TEN YEARS, EXCLUDING ANY TIME DURING WHICH SUCH PERSON
WAS INCARCERATED FOR ANY REASON, OF ANY CRIME IN THIS ARTICLE OR ARTICLE
ONE HUNDRED SEVENTY OF THIS CHAPTER, OR ANY LARCENY CRIME AS DEFINED IN
ARTICLE ONE HUNDRED FIFTY-FIVE OF THIS CHAPTER, OR OF ANY CRIMINAL
POSSESSION OF STOLEN PROPERTY CRIME AS DEFINED IN ARTICLE ONE HUNDRED
SIXTY-FIVE OF THIS CHAPTER; OR
2. ASSUMES THE IDENTITY OF TWENTY-FIVE OR MORE PERSON BY PRESENTING
HIMSELF OR HERSELF AS THOSE OTHER PERSONS, OR BY ACTING AS THOSE OTHER
PERSONS, OR BY USING PERSONAL IDENTIFYING INFORMATION OF THOSE OTHER
PERSONS, AND THEREBY OBTAINS GOODS, MONEY, PROPERTY OR OR SERVICES OR
USES CREDIT IN THE NAME OF AT LEAST ONE SUCH PERSON, OR CAUSES FINANCIAL
LOSS TO AT LEAST ONE SUCH PERSON, OR TO ANOTHER PERSON OR PERSONS.
IDENTITY THEFT IN THE SECOND DEGREE OF A CLASS C FELONY.
§ 190.80-B IDENTITY THEFT IN THE FIRST DEGREE.
A PERSON IS GUILTY OF IDENTITY THEFT IN THE FIRST DEGREE WHEN:
1. HE OR SHE KNOWINGLY AND WITH INTENT TO DEFRAUD ASSUMES THE IDENTITY
OF ANOTHER PERSON BY PRESENTING HIMSELF OR HERSELF AS THAT OTHER PERSON,
OR BY ACTING AS THAT OTHER PERSON OR BY USING PERSONAL IDENTIFYING
INFORMATION, AND THEREBY:
A. OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE
NAME OF SUCH OTHER PERSON IN AN AGGREGATE AMOUNT THAT EXCEEDS FIVE
HUNDRED THOUSAND DOLLARS; OR
B. CAUSES FINANCIAL LOSS TO SUCH PERSON OR TO ANOTHER PERSON OR
PERSONS IN AN AGGREGATE AMOUNT THAT EXCEEDS FIVE HUNDRED THOUSAND
DOLLARS; OR
C. COMMITS OR ATTEMPTS TO COMMIT A CLASS B FELONY OR HIGHER LEVEL
CRIME OR ACT AS AN ACCESSORY IN THE COMMISSION OF A CLASS B OR HIGHER
LEVEL FELONY; OR
D. COMMITS THE CRIME OF IDENTITY THEFT IN THE SECOND DEGREE AS DEFINED
IN SECTION 190.80-A OF THIS ARTICLE AND HAS BEEN PREVIOUSLY CONVICTED
WITHIN THE LAST TEN YEARS, EXCLUDING ANY TIME DURING WHICH SUCH PERSON
WAS INCARCERATED FOR ANY REASON, OF ANY CRIME IN THIS ARTICLE OR ARTICLE
ONE HUNDRED SEVENTY OF THIS CHAPTER, OR OF ANY LARCENY CRIME AS DEFINED
IN ARTICLE ONE HUNDRED FIFTY-FIVE OF THIS CHAPTER, OR OF ANY CRIMINAL
POSSESSION OF STOLEN PROPERTY CRIME AS DEFINED IN ARTICLE ONE HUNDRED
SIXTY-FIVE OF THIS CHAPTER; OR
2. ASSUMES THE IDENTITY OF ONE HUNDRED OR MORE PERSONS BY PRESENTING
HIMSELF OR HERSELF AS THOSE OTHER PERSONS, OR BY ACTING AS THOSE OTHER
PERSONS, OR BY USING PERSONAL IDENTIFYING INFORMATION OF THOSE OTHER
PERSONS, AND THEREBY OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES
CREDIT IN THE NAME OF A LEAST ON SUCH PERSON, OR CAUSES FINANCIAL LOSS
TO AT LEAST ON SUCH PERSON, OR TO ANOTHER PERSON OR PERSONS.
IDENTITY THEFT IN THE FIRST DEGREE IS A CLASS B FELONY.
§ 190.80-c Aggravated identity theft.
S. 2406--A 12
A person is guilty of aggravated identity theft when he or she know-
ingly and with intent to defraud assumes the identity of another person
by presenting himself or herself as that other person, or by acting as
that other person or by using personal identifying information of that
other person, and knows that such person is a member of the armed forc-
es, and knows that such member is presently deployed outside of the
continental United States OR KNOWS THAT SUCH PERSON IS A VULNERABLE
ELDERLY PERSON OR A PHYSICALLY DISABLED PERSON AS SUCH TERMS ARE DEFINED
IN SECTION 260.31 OF THIS CHAPTER AND:
1. thereby obtains goods, money, property or services or uses credit
in the name of such [member of the armed forces] INDIVIDUAL in an aggre-
gate amount that exceeds five hundred dollars; or
2. thereby causes financial loss to such [member of the armed forces]
INDIVIDUAL in an aggregate amount that exceeds five hundred dollars.
Aggravated identity theft is a class D felony.
§ 26. Sections 190.85 and 190.86 of the penal law, as added by chapter
279 of the laws of 2008, are amended to read as follows:
§ 190.85 [Unlawful] CRIMINAL possession of a skimmer device in the
second degree.
1. A person is guilty of [unlawful] CRIMINAL possession of a skimmer
device in the second degree when he or she possesses a skimmer device
with the intent that such device be used in furtherance of the commis-
sion of the crime of identity theft [or unlawful possession of personal
identification information] as defined in this article, LARCENY AS
DEFINED IN ARTICLE ONE HUNDRED FIFTY-FIVE OF THIS CHAPTER; OR CRIMINAL
POSSESSION OF STOLEN PROPERTY AS DEFINED IN ARTICLE ONE HUNDRED SIXTY-
FIVE OF THIS CHAPTER.
2. For purposes of this article, "skimmer device" means a device
designed or adapted to obtain personal identifying information from a
credit card, debit card, public benefit card, access card or device, or
other card or device that contains personal identifying information.
[Unlawful] CRIMINAL possession of a skimmer device in the second
degree is a class [A misdemeanor] D FELONY.
§ 190.86 [Unlawful] CRIMINAL possession of a skimmer device in the first
degree.
A person is guilty of [unlawful] CRIMINAL possession of a skimmer
device in the first degree when he or she commits the crime of [unlaw-
ful] CRIMINAL possession of a skimmer device in the second degree and he
or she has been previously convicted within the last [five years of
identity theft in the third degree as defined in section 190.78, identi-
ty theft in the second degree as defined in section 190.79, identity
theft in the first degree as defined in section 190.80, unlawful
possession of personal identification information in the third degree as
defined in section 190.81, unlawful possession of personal identifica-
tion information in the second degree as defined in section 190.82,
unlawful possession of personal identification information in the first
degree as defined in section 190.83, unlawful possession of a skimmer
device in the second degree as defined in section 190.85, unlawful
possession of a skimmer device in the first degree as defined in this
section, grand larceny in the fourth degree as defined in section
155.30, grand larceny in the third degree as defined in section 155.35,
grand larceny in the second degree as defined in section 155.40 or grand
larceny in the first degree as defined in section 155.42 of this chap-
ter] TEN YEARS, EXCLUDING ANY TIME DURING WHICH SUCH PERSON WAS INCAR-
CERATED FOR ANY REASON, FOR ANY CRIME IN THIS ARTICLE OR ARTICLE ONE
HUNDRED SEVENTY OF THIS CHAPTER, OR OF ANY LARCENY CRIME AS DEFINED IN
S. 2406--A 13
ARTICLE ONE HUNDRED FIFTY-FIVE OF THIS CHAPTER, OR OF ANY CRIMINAL
POSSESSION OF STOLEN PROPERTY CRIME AS DEFINED IN ARTICLE ONE HUNDRED
SIXTY-FIVE OF THIS CHAPTER.
[Unlawful] CRIMINAL possession of a skimmer device in the first degree
is a class [E] C felony.
§ 27. Paragraph (l) of subdivision 4 of section 20.40 of the criminal
procedure law, as amended by section 3 of subpart C of part C of chapter
97 of the laws of 2011, is amended to read as follows:
(l) An offense of identity theft, LARCENY, CRIMINAL POSSESSION OF
STOLEN PROPERTY, or unlawful possession of personal identifying informa-
tion, IN WHICH THE PROPERTY STOLEN OR CRIMINALLY POSSESSED IS PERSONAL
IDENTIFYING INFORMATION OR COMPUTER DATA OR COMPUTER PROGRAM, and all
criminal acts committed as part of the same criminal transaction as
defined in subdivision two of section 40.10 of this chapter may be pros-
ecuted (i) in any county in which part of the offense took place regard-
less of whether the defendant was actually present in such county, or
(ii) in the county in which the person who suffers financial loss
resided at the time of the commission of the offense, or (iii) in the
county where the person whose personal identifying information was used
in the commission of the offense resided at the time of the commission
of the offense. The law enforcement agency of any such county shall take
a police report of the matter and provide the complainant with a copy of
such report at no charge.
§ 28. Subdivision 2 of section 690.05 of the criminal procedure law,
as amended by chapter 504 of the laws of 1991, the opening paragraph as
amended by chapter 424 of the laws of 1998, is amended to read as
follows:
2. A search warrant is a court order and process directing a police
officer, DISTRICT ATTORNEY OR OTHER PUBLIC SERVANT OF THE KIND DESCRIBED
IN SUBDIVISION ONE OF THIS SECTION, to conduct:
(a) a search of designated premises, or of a designated vehicle, or of
a designated person, OR OF ELECTRONIC RECORDS AND DATA THAT HAVE BEEN
DIRECTED UNDER THIS ARTICLE TO BE PRODUCED FROM AN ELECTRONIC COMMUNI-
CATION SERVICE OR REMOTE COMPUTING SERVICE, for the purpose of seizing
designated property or kinds of property, and to deliver any property so
obtained to the court which issued the warrant; or
(b) a search of a designated premises for the purpose of searching for
and arresting a person who is the subject of: (i) a warrant of arrest
issued pursuant to this chapter, a superior court warrant of arrest
issued pursuant to this chapter, or a bench warrant for a felony issued
pursuant to this chapter, where the designated premises is the dwelling
of a third party who is not the subject of the arrest warrant; or
(ii) a warrant of arrest issued by any other state or federal court
for an offense which would constitute a felony under the laws of this
state, where the designated premises is the dwelling of a third party
who is not the subject of the arrest warrant.
§ 29. Section 690.05 of the criminal procedure law is amended by
adding two new subdivisions 3 and 4 to read as follows:
3. A COURT AUTHORIZED TO ISSUE SEARCH WARRANTS UNDER THIS ARTICLE
SHALL BE DEEMED A "COURT OF COMPETENT JURISDICTION" UNDER 18 U.S.C.
SECTION 2711(3) OF THE ELECTRONIC COMMUNICATIONS PRIVACY ACT IN CHAPTER
121 (COMMENCING WITH SECTION 2701) OF PART I OF TITLE 18 OF THE UNITED
STATES CODE ANNOTATED AND SHALL BE AUTHORIZED TO ISSUE ORDERS AS
PROVIDED BY FEDERAL LAW.
4. AS USED IN THIS ARTICLE, THE TERM "ELECTRONIC COMMUNICATIONS
SERVICE" MEANS ANY SERVICE WHICH PROVIDES TO USERS THEREOF THE ABILITY
S. 2406--A 14
TO SEND OR RECEIVE WIRE OR ELECTRONIC COMMUNICATIONS. "REMOTE COMPUTING
SERVICE" MEANS ANY SERVICE WHICH PROVIDES TO USERS THEREOF COMPUTER
STORAGE OR PROCESSING SERVICES BY MEANS OF AN ELECTRONIC COMMUNICATIONS
SYSTEM. THE TERMS "ELECTRONIC COMMUNICATION SERVICE" AND "REMOTE COMPUT-
ING SERVICE" SHALL BE CONSTRUED IN ACCORDANCE WITH THE ELECTRONIC COMMU-
NICATIONS PRIVACY ACT IN CHAPTER 121 (COMMENCING WITH SECTION 2701) OF
PART I OF TITLE 18 OF THE UNITED STATE CODE ANNOTATED. THIS SECTION
SHALL NOT APPLY TO CORPORATIONS THAT DO NOT PROVIDE THOSE SERVICES TO
THE GENERAL PUBLIC.
§ 30. Subdivision 1 of section 690.15 of the criminal procedure law is
amended to read as follows:
1. A search warrant must direct a search of one or more of the
following:
(a) A designated or described place or premises;
(b) A designated or described vehicle, as that term is defined in
section 10.00 of the penal law;
(c) A designated or described person[.];
(D) A DESIGNATED OR DESCRIBED ELECTRONIC COMMUNICATION SERVICE OR
REMOTE COMPUTING SERVICE.
§ 31. Section 690.20 of the criminal procedure law is amended to read
as follows:
§ 690.20 Search warrants; where executable.
1. A search warrant issued by a district court, the New York City
criminal court or a superior court judge sitting as a local criminal
court may be executed pursuant to its terms anywhere in the state.
(A) NOTWITHSTANDING ANY PROVISION OF THIS SUBDIVISION, A SEARCH
WARRANT DIRECTING THE PRODUCTION OF ELECTRONIC RECORDS AND DATA FROM A
DESIGNATED OR DESCRIBED ELECTRONIC COMMUNICATION SERVICE OR REMOTE
COMPUTING SERVICE, MAY BE EXECUTED ON:
(I) ANY COMPANY, CORPORATION OR ENTITY WHICH IS HEADQUARTERED OR OPER-
ATES WITHIN THE STATE OF NEW YORK; OR
(II) ANY COMPANY, CORPORATION OR ENTITY WHICH IS HEADQUARTERED OR
OPERATES OUTSIDE OF THE STATE OF NEW YORK, AND WHICH CONDUCTS REGULAR
BUSINESS IN NEW YORK; OR
(III) ANY COMPANY WHICH OFFERS SERVICES TO RESIDENTS OF NEW YORK, OR
DOES BUSINESS IN NEW YORK UNDER A CONTRACT OR TERMS OF SERVICE AGREEMENT
WITH A RESIDENT OF THIS STATE, IF ANY PART OF THAT CONTRACT OR AGREEMENT
IS TO BE PERFORMED IN NEW YORK.
(B) SERVICE ON ANY ELECTRONIC COMMUNICATION SERVICE OR REMOTE COMPUT-
ING SERVICE PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, MAY BE MADE
BY PERSONAL DELIVERY WITHIN THE STATE, BY REGISTERED OR CERTIFIED MAIL.
SERVICE MAY ALSO BE MADE BY FACSIMILE OR OTHER ELECTRONIC MEANS IF THE
SERVICE IS ACCOMPANIED WITH A CERTIFICATION FROM THE SENDER THAT SENDER
IS A POLICE OFFICER, DISTRICT ATTORNEY OR OTHER PUBLIC SERVANT OF THE
KIND SPECIFIED IN SUBDIVISION ONE OF SECTION 690.05 OF THIS ARTICLE.
(C) PERSONAL SERVICE OR SUBSTITUTED SERVICE TO ANY ELECTRONIC COMMUNI-
CATION SERVICE OR REMOTE COMPUTING SERVICE MAY ALSO BE MADE BY A POLICE
OFFICER, DISTRICT ATTORNEY OR OTHER PUBLIC SERVANT OF THE KIND DESCRIBED
IN SUBDIVISION ONE OF SECTION 690.05 OF THIS ARTICLE, TO ANY OFFICER,
DIRECTOR, MANAGING OR GENERAL AGENT, OR ANY OTHER EMPLOYEE OF SUCH
COMPANY OR ENTITY ACTUALLY PRESENT IN NEW YORK STATE OR AT ANY OFFICE OR
PLACE OF DOING BUSINESS USED BY SUCH ENTITY LOCATED WITHIN NEW YORK
STATE.
(D) A SEARCH WARRANT THAT IS ISSUED PURSUANT TO SUBPARAGRAPH (II) OF
PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE LIMITED IN SCOPE TO THE
DESIGNATED OR DESCRIBED ELECTRONIC RECORDS OR DATA, EITHER IN PAPER OR
S. 2406--A 15
ELECTRONIC FORM, THAT ARE MADE, KEPT, OR MAINTAINED BY THE ELECTRONIC
COMMUNICATION SERVICE OR REMOTE COMPUTING SERVICE, AND SHALL NOT INCLUDE
THE SEIZURE OF ANY OTHER PHYSICAL OR TANGIBLE ITEMS.
(E) ANY ELECTRONIC RECORDS OR DATA RESPONSIVE TO A SEARCH WARRANT
ISSUED PURSUANT TO THIS SUBDIVISION SHALL BE ADMITTED INTO EVIDENCE
BEFORE THE GRAND JURY OR AT TRIAL IN ACCORD WITH THE RULES AND LAWS OF
NEW YORK STATE.
2. A search warrant issued by a city court, a town court or a village
court may be executed pursuant to its terms only in the county of issu-
ance or an adjoining county.
3. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION TO THE CONTRARY
NOTWITHSTANDING, A SEARCH WARRANT DIRECTING THE SEARCH OF A DESIGNATED
OR DESCRIBED ELECTRONIC COMMUNICATION SERVICE OR REMOTE COMPUTING
SERVICE, MAY BE EXECUTED ON ANY COMPANY, CORPORATION OR ENTITY WHICH IS
HEADQUARTERED OR LOCATED OUTSIDE OF THE STATE OF NEW YORK, AND WHICH
CONDUCTS ITS REGULAR BUSINESS IN NEW YORK OR THAT OFFERS ITS SERVICES TO
RESIDENTS OF NEW YORK. SERVICE ON ANY SUCH ELECTRONIC COMMUNICATION
SERVICE OR REMOTE COMPUTING SERVICE ENTITY MAY BE MADE BY PERSONAL
DELIVERY WITHIN THE STATE, BY REGISTERED OR CERTIFIED MAIL. SERVICE MAY
ALSO BE MADE BY FACSIMILE OR OTHER ELECTRONIC MEANS IF THE SERVICE IS
ACCOMPANIED WITH A CERTIFICATION FROM THE SENDER THAT SUCH SENDER IS A
POLICE OFFICER, DISTRICT ATTORNEY OR OTHER PUBLIC SERVANT SPECIFIED IN
SUBDIVISION ONE OF SECTION 690.05 OF THIS ARTICLE. IF AN ENTITY SHALL
REFUSE SUCH SERVICE, THEN SUCH POLICE OFFICER, DISTRICT ATTORNEY OR
OTHER PUBLIC SERVANT LOCATED WITHIN THE JURISDICTION IN WHICH THE ELEC-
TRONIC COMMUNICATION SERVICE OR REMOTE COMPUTING SERVICE ENTITY IS
LOCATED MAY SERVE THE WARRANT UPON SUCH ENTITY. A SEARCH WARRANT ISSUED
PURSUANT TO THIS SUBDIVISION SHALL BE LIMITED IN SCOPE TO THE DESIGNATED
OR DESCRIBED ELECTRONIC RECORDS OR DATA, EITHER IN PAPER OR ELECTRONIC
FORM, THAT ARE MADE, KEPT, OR MAINTAINED BY THE ELECTRONIC COMMUNICATION
SERVICE OR REMOTE COMPUTING SERVICE, AND SHALL NOT INCLUDE ANY OTHER
PHYSICAL OR TANGIBLE ITEMS. ANY ELECTRONIC RECORDS OR DATA RESPONSIVE TO
A SEARCH WARRANT ISSUED PURSUANT TO THIS SUBDIVISION SHALL BE ADMITTED
INTO EVIDENCE BEFORE THE GRAND JURY OR AT TRIAL IN ACCORD WITH THE RULES
AND LAWS OF NEW YORK STATE.
§ 32. Section 690.30 of the criminal procedure law is amended by
adding three new subdivisions 3, 4 and 5 to read as follows:
3. NOTWITHSTANDING ANY PROVISION OF SUBDIVISION ONE OF THIS SECTION, A
SEARCH WARRANT THAT IS ISSUED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION
ONE OF SECTION 690.20 OF THIS ARTICLE IS DEEMED EXECUTED FOR PURPOSES OF
THIS ARTICLE AT THE TIME THAT SERVICE IS MADE UPON THE ELECTRONIC COMMU-
NICATION SERVICE OR REMOTE COMPUTING SERVICE ENTITY PURSUANT TO PARA-
GRAPH (B) OR (C) OF SUBDIVISION ONE OF SECTION 690.20 OF THIS ARTICLE.
4. A COMPANY OR ENTITY WHICH HAS RECEIVED A SEARCH WARRANT ISSUED
PURSUANT TO SUBDIVISION ONE OF SECTION 690.20 OF THIS ARTICLE, SHALL
PRODUCE AS REQUIRED BY THE SEARCH WARRANT ANY AND ALL RECORDS IN THEIR
POSSESSION WHICH ARE RESPONSIVE TO SUCH WARRANT, REGARDLESS WHERE ANY
SUCH RECORDS MAY BE PHYSICALLY STORED, MAINTAINED OR KEPT, IF SUCH
RECORDS ARE IN FACT ACCESSIBLE ELECTRONICALLY FROM SUCH COMPANY OR ENTI-
TY. ANY RECORDS STORED, MAINTAINED OR KEPT BY AN ELECTRONIC COMMUNI-
CATION SERVICE OR REMOTE COMPUTING SERVICE MAY BE PRESUMED TO BE WITHIN
THE DOMINION AND CONTROL AND POSSESSION BY SUCH COMPANIES OR ENTITIES
REGARDLESS OF WHERE SUCH RECORDS ARE PHYSICALLY LOCATED.
5. THE PROVISION OF RECORDS BY A COMPANY OR ENTITY IN RESPONSE TO A
SEARCH WARRANT THAT IS ISSUED PURSUANT TO SUBDIVISION ONE OF SECTION
690.20 OF THIS ARTICLE SHALL PRODUCE ALL RECORDS RESPONSIVE TO SUCH
S. 2406--A 16
WARRANT TO THE POLICE OFFICER, DISTRICT ATTORNEY OR OTHER PUBLIC SERVANT
WHO SERVED THE ENTITY WITH SUCH WARRANT, WITHIN A PERIOD NOT TO EXCEED
THIRTY DAYS.
(A) AN ELECTRONIC COMMUNICATION SERVICE OR REMOTE COMPUTING SERVICE
RESPONDING TO A WARRANT UNDER THIS SECTION MAY REQUEST AN EXTENSION OF
THE PERIOD FOR COMPLIANCE WITH A WARRANT IF EXTENUATING CIRCUMSTANCES
REASONABLY EXIST TO JUSTIFY SUCH EXTENSION. ANY REQUEST FOR EXTENSION
SHALL BE MADE TO THE COURT WHICH ISSUED THE WARRANT AND ON WRITTEN
NOTICE TO THE POLICE OFFICER, DISTRICT ATTORNEY OR OTHER PUBLIC SERVANT
WHO SERVED THE ENTITY WITH SUCH WARRANT.
(B) THE FAILURE OF A COMPANY OR ENTITY TO TIMELY DELIVER THE RECORDS
SOUGHT BY A WARRANT ISSUED PURSUANT TO SUBDIVISION ONE OF SECTION 690.20
OF THIS ARTICLE SHALL NOT AFFECT THE ADMISSIBILITY OF THAT EVIDENCE IN A
CRIMINAL PROCEEDING.
(C) THE FAILURE OF A COMPANY OR ENTITY TO TIMELY DELIVER THE RECORDS
SOUGHT BY A WARRANT ISSUED PURSUANT TO SUBDIVISION ONE OF SECTION 690.20
OF THIS ARTICLE, IN THE ABSENCE OF A REQUEST FOR AN EXTENSION, SHALL
CONSTITUTE PRIMA FACIE EVIDENCE OF CRIMINAL CONTEMPT IN VIOLATION OF
SUBDIVISION THREE OF SECTION 215.50 OF THE PENAL LAW.
§ 33. Section 496.06 of the penal law, as added by section 14 of
subpart A of part H of chapter 55 of the laws of 2014, is amended to
read as follows:
§ 496.06 Public corruption.
1. A person commits the crime of public corruption when: (a) (i) being
a public servant he or she commits a specified offense through the use
of his or her public office, or (ii) being a person acting in concert
with such public servant he or she commits a specified offense, and (b)
the state or any political subdivision thereof or any governmental
instrumentality within the state is the owner of the property.
2. A "specified offense" is an offense defined by any of the following
provisions of this chapter: section 155.25 (petit larceny); section
155.30 (grand larceny in the fourth degree); section 155.35 (grand
larceny in the third degree); section 155.40 (grand larceny in the
second degree); section 155.42 (grand larceny in the first degree);
section 190.60 (scheme to defraud in the [second] FIFTH degree); SECTION
190.62 (SCHEME TO DEFRAUD IN THE FOURTH DEGREE); SECTION 190.63 (SCHEME
TO DEFRAUD IN THE THIRD DEGREE); SECTION 190.64 (SCHEME TO DEFRAUD IN
THE SECOND DEGREE); or section 190.65 (scheme to defraud in the first
degree).
§ 34. Section 190.77 of the penal law, as amended by chapter 226 of
the laws of 2008, subdivision 1 as separately amended by chapter 279 of
the laws of 2008, is amended to read as follows:
§ 190.77 Offenses involving theft of identity; definitions.
1. For the purposes of sections 190.78, 190.79, 190.80 [and],
190.80-a, 190.80-B, 190.80-C and 190.85 of this article "personal iden-
tifying information" means a person's name, address, telephone number,
date of birth, driver's license number, social security number, place of
employment, mother's maiden name, financial services account number or
code, savings account number or code, checking account number or code,
brokerage account number or code, credit card account number or code,
debit card number or code, automated teller machine number or code,
taxpayer identification number, computer system password, signature or
copy of a signature, electronic signature, unique biometric data that is
a fingerprint, voice print, retinal image or iris image of another
person, telephone calling card number, mobile identification number or
code, electronic serial number or personal identification number, or any
S. 2406--A 17
other name, number, code or information that may be used alone or in
conjunction with other such information to assume the identity of anoth-
er person.
2. For the purposes of sections 190.78, 190.79, 190.80, 190.80-a,
190.80-B, 190.80-C, 190.81, 190.82 and 190.83 of this article:
a. "electronic signature" shall have the same meaning as defined in
subdivision three of section three hundred two of the state technology
law.
b. "personal identification number" means any number or code which may
be used alone or in conjunction with any other information to assume the
identity of another person or access financial resources or credit of
another person.
c. "member of the armed forces" shall mean a person in the military
service of the United States or the military service of the state,
including but not limited to, the armed forces of the United States, the
army national guard, the air national guard, the New York naval militia,
the New York guard, and such additional forces as may be created by the
federal or state government as authorized by law.
§ 35. Subdivision 2 of section 190.83 of the penal law, as separately
amended by chapters 226 and 279 of the laws of 2008, is amended to read
as follows:
2. he or she has been previously convicted within the last five years
of identity theft in the third degree as defined in section [190.78]
190.80, identity theft in the second degree as defined in section
[190.79] 190.80-A, identity theft in the first degree as defined in
section [190.80] 190.80-B, unlawful possession of personal identifica-
tion information in the third degree as defined in section 190.81,
unlawful possession of personal identification information in the second
degree as defined in section 190.82, unlawful possession of personal
identification information in the first degree as defined in this
section, [unlawful] CRIMINAL possession of a skimmer device in the
second degree as defined in section 190.85, [unlawful] CRIMINAL
possession of a skimmer device in the first degree as defined in section
190.86, grand larceny in the fourth degree as defined in section 155.30,
grand larceny in the third degree as defined in section 155.35, grand
larceny in the second degree as defined in section 155.40 or grand
larceny in the first degree as defined in section 155.42 of this chap-
ter; or
§ 36. Paragraph (s) of subdivision 8 of section 700.05 of the criminal
procedure law, as added by chapter 619 of the laws of 2002, is amended
to read as follows:
(s) Identity theft in the second degree, as defined in section
[190.79] 190.80-A of the penal law, identity theft in the first degree,
as defined in section [190.80] 190.80-B of the penal law, unlawful
possession of personal identification information in the second degree,
as defined in section 190.82 of the penal law, and unlawful possession
of personal identification information in the first degree, as defined
in section 190.83 of the penal law.
§ 37. Paragraph (a) of subdivision 3 of section 490.05 of the penal
law, as amended by section 7 of part A of chapter 1 of the laws of 2004,
is amended to read as follows:
(a) "Specified offense" for purposes of this article means a class A
felony offense other than an offense as defined in article two hundred
twenty, a violent felony offense as defined in section 70.02,
manslaughter in the second degree as defined in section 125.15, criminal
tampering in the first degree as defined in section 145.20, identity
S. 2406--A 18
theft in the second degree as defined in section [190.79] 190.80-A,
identity theft in the first degree as defined in section [190.80]
190.80-B, unlawful possession of personal identification information in
the second degree as defined in section 190.82, unlawful possession of
personal identification information in the first degree as defined in
section 190.83, money laundering in support of terrorism in the fourth
degree as defined in section 470.21, money laundering in support of
terrorism in the third degree as defined in section 470.22, money laun-
dering in support of terrorism in the second degree as defined in
section 470.23, money laundering in support of terrorism in the first
degree as defined in section 470.24 of this chapter, and includes an
attempt or conspiracy to commit any such offense.
§ 38. Subdivision 1 and paragraph (b) of subdivision 4 of section
60.27 of the penal law, subdivision 1 as amended by chapter 279 of the
laws of 2008, and paragraph (b) of subdivision 4 as amended by chapter
313 of the laws of 2011, are amended to read as follows:
1. In addition to any of the dispositions authorized by this article,
the court shall consider restitution or reparation to the victim of the
crime and may require restitution or reparation as part of the sentence
imposed upon a person convicted of an offense, and after providing the
district attorney with an opportunity to be heard in accordance with the
provisions of this subdivision, require the defendant to make restitu-
tion of the fruits of his or her offense or reparation for the actual
out-of-pocket loss caused thereby and, in the case of a violation of
section 190.78, 190.79, 190.80, 190.80-A, 190.80-B, 190.82 or 190.83 of
this chapter, any costs or losses incurred due to any adverse action
taken against the victim. The district attorney shall where appropriate,
advise the court at or before the time of sentencing that the victim
seeks restitution or reparation, the extent of injury or economic loss
or damage of the victim, and the amount of restitution or reparation
sought by the victim in accordance with his or her responsibilities
under subdivision two of section 390.50 of the criminal procedure law
and article twenty-three of the executive law. The court shall hear and
consider the information presented by the district attorney in this
regard. In that event, or when the victim impact statement reports that
the victim seeks restitution or reparation, the court shall require,
unless the interests of justice dictate otherwise, in addition to any of
the dispositions authorized by this article that the defendant make
restitution of the fruits of the offense and reparation for the actual
out-of-pocket loss and, in the case of a violation of section 190.78,
190.79, 190.80, 190.82 or 190.83 of this chapter, any costs or losses
incurred due to any adverse action, caused thereby to the victim. In the
event that restitution or reparation are not ordered, the court shall
clearly state its reasons on the record. Adverse action as used in this
subdivision shall mean and include actual loss incurred by the victim,
including an amount equal to the value of the time reasonably spent by
the victim attempting to remediate the harm incurred by the victim from
the offense, and the consequential financial losses from such action.
(b) the term "victim" shall include the victim of the offense, the
representative of a crime victim as defined in subdivision six of
section six hundred twenty-one of the executive law, an individual whose
identity was assumed or whose personal identifying information was used
in violation of section 190.78, 190.79 [or], 190.80, 190.80-A OR
190.80-B of this chapter, or any person who has suffered a financial
loss as a direct result of the acts of a defendant in violation of
section 190.78, 190.79, 190.80, 190.80-A, 190.80-B, 190.82 or 190.83 of
S. 2406--A 19
this chapter, a good samaritan as defined in section six hundred twen-
ty-one of the executive law and the office of victim services or other
governmental agency that has received an application for or has provided
financial assistance or compensation to the victim. A victim shall also
mean any owner or lawful producer of a master recording, or a trade
association that represents such owner or lawful producer, that has
suffered injury as a result of an offense as defined in article two
hundred seventy-five of this chapter.
§ 39. Severability. If any clause, sentence, paragraph, subdivision,
section or part of this act shall be adjudged by a court of competent
jurisdiction to be invalid, such judgment shall not affect, impair or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, section or part of this
act directly involved in the controversy in which such judgment shall
have been rendered.
§ 40. This act shall take effect on the first of November next
succeeding the date on which it shall have become a law.
