BILL NUMBER: S3693
SPONSOR: SANDERS
 
TITLE OF BILL:
An act to amend the penal law and the education law, in relation to
computer-related crimes
 
PURPOSE:
To update the computer-related crimes provisions of the law.
 
SUMMARY OF PROVISIONS:
Section 1 amends section 156.00 of the penal law, as amended by chapter
558 of the laws of 2006, by adding more detailed definitions to cover a
more modern range of circumstances, and including definitions for
computer system, government computer system, public safety infrastruc-
ture computer system, supporting documentation, injury, victim expendi-
ture, computer contaminant, Internet domain name, electronic mail and
profile.
Section 2 amends section 156.29 of the penal law, as added by chapter
590 of the laws of 2008, to broaden the meaning of unlawful duplication
of computer related material in the second degree from impermissibly
copying computer material containing medical records to impermissibly
copying or using any data from a computer, computer system or computer
network.
Section 3 amends 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, by expanding the meaning of computer tampering in the
third degree to include intent to devise or execute a scheme to defraud,
deceive or extort; intent to wrongfully control or obtain money, proper-
ty or data; and altering or destroying data, computer software or
computer programs which reside or exist internal or external to a public
safety infrastructure computer system computer, computer system or
computer network.
Section 4 amends the penal law by adding a new section 156.45 establish-
ing unlawful disruption of computer services in the second degree, a
class A misdemeanor involving knowingly and without permission disrupt-
ing or causing the disruption of computer services or denying or causing
the denial of computer services to an authorized user of a computer,
computer system or computer network.
Section 5 amends the penal law by adding a new section 156.46 establish-
ing unlawful disruption of computer services in the first degree, a
class E felony involving committing unlawful disruption of computer
services in the second degree against government computer services or
public safety infrastructure computer system computer services.
Section 6 amends the penal law by adding a new section 156.15 establish-
ing unlawful computer access assistance in the second degree, a class A
misdemeanor involving knowingly and without permission providing or
assisting in providing a means of accessing a computer, computer system
or computer network in violation of this article.
Section 7 amends the penal law by adding a new section 156.16 establish-
ing unlawful computer access assistance in the first degree, a class E
felony involving committing unlawful computer access assistance in the
second degree against a public safety infrastructure computer system
computer, computer system or computer network in violation of this arti-
cle.
Section 8 amends the penal law by adding a new section 156.12 establish-
ing unauthorized use of Internet domain name or profile, a class A
misdemeanor involving doing so in connection with sending e-mail
messages or posts causing damage to a computer, computer data, computer
system or computer network
Section 9 amends the penal law by adding a new section 156.37 establish-
ing unlawful introduction of a computer contaminant, a class A misdemea-
nor.
Section 10 amends the penal law by adding a new section 156.55 providing
for civil remedies available to those suffering damages by reason of a
violation of any section of this article. The statute of limitations for
such civil action is three years of the date of the offense, or the date
of the discovery of damage, whichever is later.
Section 11 amends the penal law by adding a new section 156.50 providing
any computer, computer system, computer network or any software or data
owned by the defendant used during the commission of any offense
described in this article or any computer owned by the defendant used as
a repository for the storage of software or data illegally obtained in
violation of this article shall he subject to forfeiture.
Section 12 amends subdivision 1 of section 6430 of the education law, as
amended by chapter 75 of the laws of 2004, providing computer-related
crimes shall be included as specific rule violations in college poli-
cies.
Section 13 provides this act shall take effect on the one hundred eight-
ieth day after it shall have become a law.
 
EXISTING LAW:
Existing computer-related crimes law is not defined well enough to
reflect the times.
 
JUSTIFICATION:
In today's world of cyber terrorism and technological warfare, it is
essential to modernize the state's computer-related crimes law. This
includes establishing definitions of terms, expanding provisions, estab-
lishing more specific offenses and providing civil remedies.
 
LEGISLATIVE HISTORY:
2022 REFERRED TO SENATE CODES
2022 referred to assembly codes
2021 PASSED SENATE
2021 referred to assembly codes
2020 PASSED SENATE
2020 referred to codes
2019 PASSED SENATE
2019 referred to codes
 
FISCAL IMPLICATIONS:
None
 
LOCAL FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

Statutes affected:
S3693: 156.00 penal law, 156.29 penal law, 6430 education law, 6430(1) education law