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
manipulation of electronic, magnetic, optical or electrochemical
mpulses, pursuant to a computer program, can automatically
or on computer data, and includes any connected or directly
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.
executed by computer, cause the computer to process data or
both and may be in any form, including magnetic storage media,
computer.
nformation, knowledge, facts, concepts or instructions which are
being processed, or have been processed in a computer and may be
n any form, including magnetic storage media, punched cards, or
through the facilities of any computer communications system
allowing the input, output, examination, or transfer, of computer
computer program which:
(a) contains records of the medical history or medical treatment
of an identified or readily identifiable individual or
ndividuals. This term shall not apply to the gaining access to
or duplication solely of the medical history or medical treatment
authorized by the person who records are gained access to or
(b) contains records maintained by the state or any political
the state which contains any information concerning a person, as
can be used to identify the person and which is otherwise
to the gaining access to or duplication solely of records of a
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
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.
means the use of a computer or computer service without the
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
s programmed to automatically display, print or announce such
notice or a notice prohibiting copying, reproduction or
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
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:
further the commission of any felony; or
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
and having no right to do so he intentionally alters in any
manner or destroys computer data or a computer program of another
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
and:
further the commission of any felony; or
article or subdivision ten of section 165.15 of this chapter; or
material; or
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
ntentionally and wrongfully deprives or appropriates from an
owner thereof an economic value or benefit in excess of two
thousand five hundred dollars; or
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,
n any form, any copy, reproduction or duplicate of any computer
ntent 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
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.
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