textfiles/law/ny_lawsta.law

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.

Downloaded From P-80 International Information Systems 304-744-2253