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new_york.txt
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1998-03-25
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NEW YORK
TITLE: COMPUTER CRIME
DEFINITIONS: ñ 156.00. OFFENSES INVOLVING COMPUTERS;
DEFINITION OF TERMS
The following definitions are applicable to this
chapter except where different meanings are
expressly specified:
1. "Computer" means a device or group of devices
which, by manipulation of electronic, magnetic,
optical or electrochemical impulses, pursuant to a
computer program, can automatically perform
arithmetic, logical, storage or retrieval operations
with or on computer data, and includes any
connected or directly related device, equipment or
facility which enables such computer to store,
retrieve or communicate to or from a person,
another computer or another device the results of
computer operations, computer programs or
computer data.
2. "Computer program" is property and 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, punched
cards, or stored internally in the memory of the
computer.
3. "Computer data" is property and means a
representation of information, knowledge, facts,
concepts or instructions which are being
processed, or have been processed in a computer
and may be in any form, including magnetic
storage media, punched cards, or stored internally
in the memory of the computer.
4. "Computer service" means any and all services
provided by or through the facilities of any
computer communication system allowing the
input, output, examination, or transfer, of
computer data or computer programs from one
computer to another.
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 subdivision 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 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.
6. "Uses a computer or computer service without
authorization" means the use of a computer or
computer service without the permission of, or in
excess of the permission of, the owner or lessor or
someone licensed or privileged by the owner or
lessor after notice to that effect to the user of the
computer or computer service has been given by:
(a) giving actual notice in writing or orally to the
user; or
(b) prominently posting written notice adjacent to
the computer being utilized by the user; or
(c) a notice that is displayed on, printed out on or
announced by the computer being utilized by the
user. Proof that the computer is programmed to
automatically display, print or announce such
notice or a notice prohibiting copying,
reproduction or duplication shall be presumptive
evidence that such notice was displayed, printed
or announced.
7. "Felony" as used in this article means any
felony defined in the laws of this state or any
offense defined in the laws of any other
jurisdiction for which a sentence to a term of
imprisonment in excess of one year is authorized
in this state.
OFFENSES: ñ 156.05. UNAUTHORIZED USE OF A COMPUTER
ñ 156.10. COMPUTER TRESPASS
ñ 156.20. COMPUTER TAMPERING IN THE SECOND
DEGREE
ñ 156.25. COMPUTER TAMPERING IN THE FIRST
DEGREE
ñ 156.30. UNLAWFUL DUPLICATION OF
COMPUTER RELATED MATERIAL
ñ 156.35. CRIMINAL POSSESSION OF COMPUTER
RELATED MATERIAL
ELEMENTS: ñ 156.05. UNAUTHORIZED USE OF A COMPUTER
A person is guilty of unauthorized use of a
computer when he knowingly uses or causes to be
used a computer or computer service without
authorization and the computer utilized is
equipped or programmed with any device or
coding system, a function of which is to prevent
the unauthorized use of said computer or
computer system.
ñ 156.10. COMPUTER TRESPASS
A person is guilty of computer trespass when he
knowingly uses or causes to be used a computer or
computer service without authorization and:
1. he does so with an intent to commit or attempt
to commit or further the commission of any felony;
or
2. he thereby knowingly gains access to computer
material.
ñ 156.20. COMPUTER TAMPERING IN THE SECOND
DEGREE
A person is guilty to computer tampering in the
second degree when he uses or causes to be used a
computer or computer service and having no right
to do so he intentionally alters in any manner or
destroys computer data or a computer program of
another person.
ñ 156.25. COMPUTER TAMPERING IN THE FIRST
DEGREE
A person is guilty of computer tampering in the
first degree when he commits the crime of
computer tampering in the second degree and:
1. he does so with an intent to commit or attempt
to commit or further the commission of any felony;
or
2. he has been previously convicted of any crime
under this article or subdivisions ten of section
165.15 of this chapter; or
3. he intentionally alters in any manner or
destroys computer material; or
4. he intentionally alters in any manner or
destroys computer data or a computer program in
an amount exceeding one thousand dollars.
ñ 156.30. UNLAWFUL DUPLICATION OF
COMPUTER RELATED MATERIAL
A person is guilty of unlawful duplication of
computer related material when having no right to
do so, he copies, reproduces, or duplicates in any
manner:
1. any computer data or computer program and
thereby intentionally and wrongfully deprives or
appropriates from an owner thereof an economic
value or benefit in excess of two thousand five
hundred dollars; or
2. any computer data or computer program with
an intent to commit or attempt to commit or
further the commission of any felony.
ñ 156.35. CRIMINAL POSSESSION OF COMPUTER
RELATED MATERIAL
A person is guilty of criminal possession of
computer related material when having no right to
do so, he knowingly possess, in any form, any
copy, reproduction or duplicate of any computer
data or computer program which was copied,
reproduced or duplicated in violation of section
156.30 of this article, with intent to benefit
himself or a person other than an owner thereof.
PENALTIES: ñ 156.05. UNAUTHORIZED USE OF A COMPUTER
Unauthorized use of a computer is a class A
misdemeanor.
ñ 156.10. COMPUTER TRESPASS
Computer trespass is a class E felony.
ñ 156.20. COMPUTER TAMPERING IN THE SECOND
DEGREE
Computer tampering in the second degree is a
class A misdemeanor.
ñ 156.25. COMPUTER TAMPERING IN THE FIRST
DEGREE
Computer tampering in the first degree is a class E
felony.
ñ 156.30. UNLAWFUL DUPLICATION OF
COMPUTER RELATED MATERIAL
Unlawful duplication of computer related material
is a class E felony.
ñ 156.35. CRIMINAL POSSESSION OF COMPUTER
RELATED MATERIAL
Criminal possession of computer related material
is a class E felony.
DEFENSES: ñ 156.50. OFFENSES INVOLVING COMPUTERS;
DEFENSES
In any prosecution:
1. under section 156.05 or 156.10 of this article, it
shall be a defense that the defendant had
reasonable grounds to believe that he had
authorization to use the computer;
2. under section 156.20 or 156.25 of this article it
shall be a defense that the defendant had
reasonable grounds to believe that he had the
right to alter in any manner or destroy the
computer data or the computer program;
3. under section 156.30 of this article it shall be a
defense that the defendant had reasonable
grounds to believe that he had the right to copy,
reproduce or duplicate in any manner the
computer data or the computer program.
VENUE: Not stated.
CIVIL REMEDY: No referenceto civil remedy.
CITATION: New York Penal Law ññ 156.00 thru 156.50.
SOURCE: L. 1986, c. 514, ñ 1.