Computer Offenses Updated in New York
New York Governor David A. Paterson has signed a bill into law amending Article 156 of the Penal Law that addresses offenses involving computers. The new law makes it a D felony to alter or destroy computer records of an individual’s medical history or treatment if that individual because of having his or her records altered or destroyed suffers serious physical injury. [Penal Law § 156.26(2)] The new law also makes it a class B Misdemeanor to unlawfully reproduce or duplicate in any manner an individual’s medical history or treatment records with intent to commit any Penal Law crime. [Penal Law § 156.29] The new law also changes the title of Penal Law §156.30 from “Unlawful Duplication of Computer Related Material” to “Unlawful Duplication of Computer Material in The First Degree”. The new law also makes it a defense to a violation of Penal Law §§ 156.29 and 156.30 that the defendant had reasonable grounds to believe that he or she had the right to copy, reproduce or duplicate in any manner the computer data or the computer program. The purpose of the bill is to keep the law up to date with the computer age. Senator Volker and Assemblyman Rosenthal sponsored the bill. The Assembly bill number is A11657 and the Senate bill number is S.7695. Governor Paterson signed the bill into law on September 25, 2008. The new law takes effect November 1, 2008.
