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- /* BBS LEGAL GUIDE COMMENTARY: New York Penal Law, Computer
- Crime, Section 156.00. This act became effective in 1986. */
-
- Section 156.00 Offenses involving computers; definitions 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 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 communications 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 who 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 person rightfully in possession thereof or
- selected person having access thereto with his or their consent
- and which accords or may accord such rightful possessors an
- advantage over competitors an advantage over competitors or
- other person 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.
-
- 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 imprisonment in
- excess of one year is authorized in this state.
-
- Section 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.
-
- Unauthorized use of a computer is a class A misdemeanor.
-
- Section 156.10. Computer trespass
-
- A person is guilty of computer trespass when he knowingly uses or
- caused 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.
-
- Computer trespass is a class E felony.
-
- Section 156.20. Computer tampering in the second degree
-
- A person is guilty of 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.
-
- Computer tampering in the second degree is a class A misdemeanor.
-
- Section. 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 subdivision 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.
-
- Computer tampering in the first degree is a class E felony.
-
- Section 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.
-
- Unlawful duplication of computer related material is a class E
- felony.
-
- Section 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 possesses,
- 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.
-
- Criminal possession of computer related material is a class E
- felony.
-
- Section 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 ot copy, reproduce or duplicate in nay manner the
- computer data or the computer program.