Bill Text: NY A04892 | 2021-2022 | General Assembly | Introduced

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Bill Title: Creates the crime of cyberterrorism and calculating damages caused by computer tampering; cyberterrorism shall be a class B felony.

Spectrum: Partisan Bill (Republican 11-0)

Status: (Introduced - Dead) 2022-05-03 - held for consideration in codes [A04892 Detail]

Download: New_York-2021-A04892-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4892

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 8, 2021
                                       ___________

        Introduced  by M. of A. BARCLAY, J. M. GIGLIO, DiPIETRO, WALSH, SIMPSON,
          NORRIS, HAWLEY -- Multi-Sponsored by -- M.  of  A.  BROWN,  DeSTEFANO,
          MANKTELOW -- read once and referred to the Committee on Codes

        AN  ACT  to  amend  the  penal law, in relation to creating the crime of
          cyberterrorism and calculating damages caused by computer tampering

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The penal law is amended by adding a new section 490.36 to
     2  read as follows:
     3  § 490.36 Crime of cyberterrorism.
     4    1. An individual is guilty of the crime of cyberterrorism when  he  or
     5  she:
     6    (a)  With  the  intent  to intimidate or coerce a civilian population,
     7  influence the policy of a unit of government by  intimidation  or  coer-
     8  cion,  or affect the conduct of a unit of government, commits any of the
     9  crimes contained within article one hundred fifty-six of  this  chapter;
    10  or
    11    (b)  With  the  intent  to intimidate or coerce a civilian population,
    12  influence the policy of a unit of government by  intimidation  or  coer-
    13  cion, or affect the conduct of a unit of government, commits a denial of
    14  service  attack against any computer network administered or operated by
    15  a local, state or federal  government  entity,  any  utility  (including
    16  electricity or water) or a financial institution.
    17    2.  For  the  purpose of this section "denial of service attack" means
    18  preventing authorized access to  computer  resources  or  delaying  time
    19  critical  computer  operations  by inundating or otherwise overloading a
    20  computer network, or attempting to  inundate  or  otherwise  overload  a
    21  computer service.
    22    Crime of cyberterrorism is a class B felony.
    23    §  2.  Subdivision 4 of section 156.25 of the penal law, as amended by
    24  chapter 89 of the laws of 1993, is amended to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02572-01-1
        A. 4892                             2

     1    4. he or she intentionally alters in any manner or  destroys  computer
     2  data  or  a  computer  program  so  as to cause damages, to the computer
     3  tampered with or to any other computer affected by the tampering, in  an
     4  aggregate amount exceeding one thousand dollars.
     5    §  3.  Subdivision 1 of section 156.26 and section 156.27 of the penal
     6  law, subdivision 1 of section 156.26 as amended by chapter  590  of  the
     7  laws  of  2008  and section 156.27 as added by chapter 89 of the laws of
     8  1993, are amended to read as follows:
     9    1. computer data or a computer program so as to cause damages, to  the
    10  computer  tampered with or to any other computer affected by the tamper-
    11  ing, in an aggregate amount exceeding three thousand dollars; or
    12  § 156.27 Computer tampering in the first degree.
    13    A person is guilty of computer tampering in the first degree  when  he
    14  or  she commits the crime of computer tampering in the fourth degree and
    15  he or she intentionally alters in any manner or destroys  computer  data
    16  or  a  computer program so as to cause damages, to the computer tampered
    17  with or to any other computer affected by the tampering, in an aggregate
    18  amount exceeding fifty thousand dollars.
    19    Computer tampering in the first degree is a class C felony.
    20    § 4. This act shall take effect on the first of November next succeed-
    21  ing the date on which it shall have become a law.