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Section This act became effective i

Found at: 0x1bi.net:70/textfiles/file?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 

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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