New York State - Penal - PEN - Part 3 - Title J - Article 156
ARTICLE 156 OFFENSES INVOLVING COMPUTERS; DEFINITION OF TERMS
Section 156.00 Offenses involving computers; definition of terms.
156.05 Unauthorized use of a computer.
156.10 Computer trespass.
156.20 Computer tampering in the fourth degree.
156.25 Computer tampering in the third degree.
156.26 Computer tampering in the second degree.
156.27 Computer tampering in the first degree.
156.29 Unlawful duplication of computer related material in the second degree.
156.30 Unlawful duplication of computer related material in the first degree.
156.35 Criminal possession of computer related material.
156.40 Operating an unlawful electronic sweepstakes.
156.50 Offenses involving computers; defenses.
§ 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 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, her 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. "Computer network" means the interconnection of hardwire or wireless communication lines with a computer through remote terminals, or a complex consisting of two or more interconnected computers.
7. "Access" means to instruct, communicate with, store data in, retrieve from, or otherwise make use of any resources of a computer, physically, directly or by electronic means.
8. "Without authorization" means to use or to access a computer, computer service or computer network without the permission of the owner or lessor or someone licensed or privileged by the owner or lessor where such person knew that his or her use or access was without permission or after actual notice to such person that such use or access was without permission. It shall also mean the access of a computer service by a person without permission where such person knew that such access was without permission or after actual notice to such person, that such access was without permission.
Proof that such person used or accessed a computer, computer service or computer network through the knowing use of a set of instructions, code or computer program that bypasses, defrauds or otherwise circumvents a security measure installed or used with the user's authorization on the computer, computer service or computer network shall be presumptive evidence that such person used or accessed such computer, computer service or computer network without authorization.
9. "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.
§ 156.05 Unauthorized use of a computer.
A person is guilty of unauthorized use of a computer when he or she knowingly uses, causes to be used, or accesses a computer, computer service, or computer network without authorization.
Unauthorized use of a computer is a class A misdemeanor.
§ 156.10 Computer trespass.
A person is guilty of computer trespass when he or she knowingly uses, causes to be used, or accesses a computer, computer service, or computer network without authorization and:
1. he or she does so with an intent to commit or attempt to commit or further the commission of any felony; or
2. he or she thereby knowingly gains access to computer material.
Computer trespass is a class E felony.
§ 156.20 Computer tampering in the fourth degree.
A person is guilty of computer tampering in the fourth degree when he or she uses, causes to be used, or accesses a computer, computer service, or computer network without authorization and he or she intentionally alters in any manner or destroys computer data or a computer program of another person.
Computer tampering in the fourth degree is a class A misdemeanor.
§ 156.25 Computer tampering in the third degree.
A person is guilty of computer tampering in the third degree when he commits the crime of computer tampering in the fourth 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 eleven 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 so as to cause damages in an aggregate amount exceeding one thousand dollars; or
5. he intentionally enters or alters in any manner or destroys computer material indicating that a person did or did not receive a vaccination against COVID-19.
Computer tampering in the third degree is a class E felony.
§ 156.26 Computer tampering in the second degree.
A person is guilty of computer tampering in the second degree when he or she commits the crime of computer tampering in the fourth degree and he or she intentionally alters in any manner or destroys:
1. computer data or a computer program so as to cause damages in an aggregate amount exceeding three thousand dollars; or
2. computer material that contains records of the medical history or medical treatment of an identified or readily identifiable individual or individuals and as a result of such alteration or destruction, such individual or individuals suffer serious physical injury, and he or she is aware of and consciously disregards a substantial and unjustifiable risk that such serious physical injury may occur.
Computer tampering in the second degree is a class D felony.
§ 156.27 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 fourth degree and he intentionally alters in any manner or destroys computer data or a computer program so as to cause damages in an aggregate amount exceeding fifty thousand dollars.
Computer tampering in the first degree is a class C felony.
§ 156.29 Unlawful duplication of computer related material in the second degree.
A person is guilty of unlawful duplication of computer related material in the second degree when having no right to do so, he or she copies, reproduces or duplicates in any manner computer material that contains records of the medical history or medical treatment of an identified or readily identifiable individual or individuals with an intent to commit or further the commission of any crime under this chapter.
Unlawful duplication of computer related material in the second degree is a class B misdemeanor.
§ 156.30 Unlawful duplication of computer related material in the first degree.
A person is guilty of unlawful duplication of computer related in the first degree material when having no right to do so, he or she 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 in the first degree is a class E felony.
§ 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.
§ 156.40 Operating an unlawful electronic sweepstakes.
1. As used in this section the following words and terms shall have the following meanings:
(a) "Electronic machine or device" means a mechanically, electrically or electronically operated machine or device that is owned, leased or otherwise possessed by a sweepstakes sponsor or promoter, or any sponsors, promoters, partners, affiliates, subsidiaries or contractors thereof; that is intended to be used by a sweepstakes entrant; that uses energy; and that displays the results of a game entry or game outcome to a participant on a screen or other mechanism at a business location, including a private club; provided, that an electronic machine or device may, without limitation:
(1) be server-based;
(2) use a simulated game terminal as a representation of the prizes associated with the results of the sweepstakes entries;
(3) utilize software such that the simulated game influences or determines the winning or value of the prize;
(4) select prizes from a predetermined finite pool of entries;
(5) utilize a mechanism that reveals the content of a predetermined sweepstakes entry;
(6) predetermine the prize results and stores those results for delivery at the time the sweepstakes entry results are revealed;
(7) utilize software to create a game result;
(8) require deposit of any money, coin or token, or the use of any credit card, debit card, prepaid card or any other method of payment to activate the electronic machine or device;
(9) require direct payment into the electronic machine or device, or remote activation of the electronic machine or device;
(10) require purchase of a related product having legitimate value;
(11) reveal the prize incrementally, even though it may not influence if a prize is awarded or the value of any prize awarded;
(12) determine and associate the prize with an entry or entries at the time the sweepstakes is entered; or
(13) be a slot machine or other form of electrical, mechanical, or computer game.
(b) "Enter" or "entry" means the act or process by which a person becomes eligible to receive any prize offered in a sweepstakes.
(c) "Entertaining display" means any visual information, capable of being seen by a sweepstakes entrant, that takes the form of actual game play or simulated game play.
(d) "Prize" means any gift, award, gratuity, good, service, credit or anything else of value, which may be transferred to a person, whether possession of the prize is actually transferred, or placed on an account or other record as evidence of the intent to transfer the prize.
(e) "Sweepstakes" means any game, advertising scheme or plan, or other promotion, which, with or without payment of any consideration, a person may enter to win or become eligible to receive any prize, the determination of which is based upon chance.
2. A person is guilty of operating an unlawful electronic sweepstakes when he or she knowingly possesses with the intent to operate, or place into operation, an electronic machine or device to:
(a) conduct a sweepstakes through the use of an entertaining display, including the entry process or the reveal of a prize; or
(b) promote a sweepstakes that is conducted through the use of an entertaining display, including the entry process or the reveal of a prize.
3. Nothing in this section shall be construed to make illegal any activity which is lawfully conducted as the New York state lottery for education as authorized by article thirty-four of the tax law; pari-mutuel wagering on horse races as authorized by articles two, three, four, five-A, and ten of the racing, pari-mutuel wagering and breeding law; the game of bingo as authorized pursuant to article fourteen-H of the general municipal law; games of chance as authorized pursuant to article nine-A of the general municipal law; gaming as authorized by article thirteen of the racing, pari-mutuel wagering and breeding law; or pursuant to the federal Indian Gaming Regulatory Act.
Operating an unlawful electronic sweepstakes is a class E felony.
§ 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, 156.25, 156.26 or 156.27 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 156.29 or 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.
Section 156.00 Offenses involving computers; definition of terms.
156.05 Unauthorized use of a computer.
156.10 Computer trespass.
156.20 Computer tampering in the fourth degree.
156.25 Computer tampering in the third degree.
156.26 Computer tampering in the second degree.
156.27 Computer tampering in the first degree.
156.29 Unlawful duplication of computer related material in the second degree.
156.30 Unlawful duplication of computer related material in the first degree.
156.35 Criminal possession of computer related material.
156.40 Operating an unlawful electronic sweepstakes.
156.50 Offenses involving computers; defenses.
§ 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 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, her 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. "Computer network" means the interconnection of hardwire or wireless communication lines with a computer through remote terminals, or a complex consisting of two or more interconnected computers.
7. "Access" means to instruct, communicate with, store data in, retrieve from, or otherwise make use of any resources of a computer, physically, directly or by electronic means.
8. "Without authorization" means to use or to access a computer, computer service or computer network without the permission of the owner or lessor or someone licensed or privileged by the owner or lessor where such person knew that his or her use or access was without permission or after actual notice to such person that such use or access was without permission. It shall also mean the access of a computer service by a person without permission where such person knew that such access was without permission or after actual notice to such person, that such access was without permission.
Proof that such person used or accessed a computer, computer service or computer network through the knowing use of a set of instructions, code or computer program that bypasses, defrauds or otherwise circumvents a security measure installed or used with the user's authorization on the computer, computer service or computer network shall be presumptive evidence that such person used or accessed such computer, computer service or computer network without authorization.
9. "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.
§ 156.05 Unauthorized use of a computer.
A person is guilty of unauthorized use of a computer when he or she knowingly uses, causes to be used, or accesses a computer, computer service, or computer network without authorization.
Unauthorized use of a computer is a class A misdemeanor.
§ 156.10 Computer trespass.
A person is guilty of computer trespass when he or she knowingly uses, causes to be used, or accesses a computer, computer service, or computer network without authorization and:
1. he or she does so with an intent to commit or attempt to commit or further the commission of any felony; or
2. he or she thereby knowingly gains access to computer material.
Computer trespass is a class E felony.
§ 156.20 Computer tampering in the fourth degree.
A person is guilty of computer tampering in the fourth degree when he or she uses, causes to be used, or accesses a computer, computer service, or computer network without authorization and he or she intentionally alters in any manner or destroys computer data or a computer program of another person.
Computer tampering in the fourth degree is a class A misdemeanor.
§ 156.25 Computer tampering in the third degree.
A person is guilty of computer tampering in the third degree when he commits the crime of computer tampering in the fourth 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 eleven 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 so as to cause damages in an aggregate amount exceeding one thousand dollars; or
5. he intentionally enters or alters in any manner or destroys computer material indicating that a person did or did not receive a vaccination against COVID-19.
Computer tampering in the third degree is a class E felony.
§ 156.26 Computer tampering in the second degree.
A person is guilty of computer tampering in the second degree when he or she commits the crime of computer tampering in the fourth degree and he or she intentionally alters in any manner or destroys:
1. computer data or a computer program so as to cause damages in an aggregate amount exceeding three thousand dollars; or
2. computer material that contains records of the medical history or medical treatment of an identified or readily identifiable individual or individuals and as a result of such alteration or destruction, such individual or individuals suffer serious physical injury, and he or she is aware of and consciously disregards a substantial and unjustifiable risk that such serious physical injury may occur.
Computer tampering in the second degree is a class D felony.
§ 156.27 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 fourth degree and he intentionally alters in any manner or destroys computer data or a computer program so as to cause damages in an aggregate amount exceeding fifty thousand dollars.
Computer tampering in the first degree is a class C felony.
§ 156.29 Unlawful duplication of computer related material in the second degree.
A person is guilty of unlawful duplication of computer related material in the second degree when having no right to do so, he or she copies, reproduces or duplicates in any manner computer material that contains records of the medical history or medical treatment of an identified or readily identifiable individual or individuals with an intent to commit or further the commission of any crime under this chapter.
Unlawful duplication of computer related material in the second degree is a class B misdemeanor.
§ 156.30 Unlawful duplication of computer related material in the first degree.
A person is guilty of unlawful duplication of computer related in the first degree material when having no right to do so, he or she 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 in the first degree is a class E felony.
§ 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.
§ 156.40 Operating an unlawful electronic sweepstakes.
1. As used in this section the following words and terms shall have the following meanings:
(a) "Electronic machine or device" means a mechanically, electrically or electronically operated machine or device that is owned, leased or otherwise possessed by a sweepstakes sponsor or promoter, or any sponsors, promoters, partners, affiliates, subsidiaries or contractors thereof; that is intended to be used by a sweepstakes entrant; that uses energy; and that displays the results of a game entry or game outcome to a participant on a screen or other mechanism at a business location, including a private club; provided, that an electronic machine or device may, without limitation:
(1) be server-based;
(2) use a simulated game terminal as a representation of the prizes associated with the results of the sweepstakes entries;
(3) utilize software such that the simulated game influences or determines the winning or value of the prize;
(4) select prizes from a predetermined finite pool of entries;
(5) utilize a mechanism that reveals the content of a predetermined sweepstakes entry;
(6) predetermine the prize results and stores those results for delivery at the time the sweepstakes entry results are revealed;
(7) utilize software to create a game result;
(8) require deposit of any money, coin or token, or the use of any credit card, debit card, prepaid card or any other method of payment to activate the electronic machine or device;
(9) require direct payment into the electronic machine or device, or remote activation of the electronic machine or device;
(10) require purchase of a related product having legitimate value;
(11) reveal the prize incrementally, even though it may not influence if a prize is awarded or the value of any prize awarded;
(12) determine and associate the prize with an entry or entries at the time the sweepstakes is entered; or
(13) be a slot machine or other form of electrical, mechanical, or computer game.
(b) "Enter" or "entry" means the act or process by which a person becomes eligible to receive any prize offered in a sweepstakes.
(c) "Entertaining display" means any visual information, capable of being seen by a sweepstakes entrant, that takes the form of actual game play or simulated game play.
(d) "Prize" means any gift, award, gratuity, good, service, credit or anything else of value, which may be transferred to a person, whether possession of the prize is actually transferred, or placed on an account or other record as evidence of the intent to transfer the prize.
(e) "Sweepstakes" means any game, advertising scheme or plan, or other promotion, which, with or without payment of any consideration, a person may enter to win or become eligible to receive any prize, the determination of which is based upon chance.
2. A person is guilty of operating an unlawful electronic sweepstakes when he or she knowingly possesses with the intent to operate, or place into operation, an electronic machine or device to:
(a) conduct a sweepstakes through the use of an entertaining display, including the entry process or the reveal of a prize; or
(b) promote a sweepstakes that is conducted through the use of an entertaining display, including the entry process or the reveal of a prize.
3. Nothing in this section shall be construed to make illegal any activity which is lawfully conducted as the New York state lottery for education as authorized by article thirty-four of the tax law; pari-mutuel wagering on horse races as authorized by articles two, three, four, five-A, and ten of the racing, pari-mutuel wagering and breeding law; the game of bingo as authorized pursuant to article fourteen-H of the general municipal law; games of chance as authorized pursuant to article nine-A of the general municipal law; gaming as authorized by article thirteen of the racing, pari-mutuel wagering and breeding law; or pursuant to the federal Indian Gaming Regulatory Act.
Operating an unlawful electronic sweepstakes is a class E felony.
§ 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, 156.25, 156.26 or 156.27 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 156.29 or 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.