BILL NUMBER: S8836

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the penal law, in relation to creating the offense of
fostering the sale of stolen goods

 
PURPOSE OR GENERAL IDEA OF BILL:

To prevent the use of online marketplaces and other forums for the fenc-
ing of stolen goods.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends the penal law to create the offense of
fostering the sale of stolen goods, which will be a class A misdemeanor.

Section 2 of the bill is the effective date.

 
JUSTIFICATION:
              

The proliferation of online marketplaces for third party sellers has
created a convenient opportunity for some to sell stolen goods through
the marketplaces anonymously and without any physical interaction with
the buyer. Marketplaces that take substantial and unjustifiable risks
that their third-party sellers are selling stolen goods should be held
accountable.

This bill would create a new offense of fostering the sale of stolen
goods, a class A misdemeanor. A person would be guilty of fostering the
sale of stolen goods when they host, advertise, or otherwise assist the
sale of stolen goods, including on an internet website, and they know or
should know that the goods were stolen, and any lack of knowledge is the
result of a substantial and unjustifiable risk that their actions would
result in the sale of stolen goods.

Theft of retail products will be considerably less lucrative if the
goods cannot be sold under the guise of online marketplaces that other-
wise appear reputable.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date upon which it shall have become a law.