N.Y. PEN Law § 156.00 — New York Code / Act PEN / Part 3 / Title J / Article 156 / Section 156.00
Offenses involving computers; definition of terms
Status: in_force

§ 156.00 Offenses involving computers; definition of terms.\n  The following definitions are applicable to this chapter except where\ndifferent meanings are expressly specified:\n  1. "Computer" means a device or group of devices which, by\nmanipulation of electronic, magnetic, optical or electrochemical\nimpulses, pursuant to a computer program, can automatically perform\narithmetic, logical, storage or retrieval operations with or on computer\ndata, and includes any connected or directly related device, equipment\nor facility which enables such computer to store, retrieve or\ncommunicate to or from a person, another computer or another device the\nresults of computer operations, computer programs or computer data.\n  2. "Computer program" is property and means an ordered set of data\nrepresenting coded instructions or statements that, when executed by\ncomputer, cause the computer to process data or direct the computer to\nperform one or more computer operations or both and may be in any form,\nincluding magnetic storage media, punched cards, or stored internally in\nthe memory of the computer.\n  3. "Computer data" is property and means a representation of\ninformation, knowledge, facts, concepts or instructions which are being\nprocessed, or have been processed in a computer and may be in any form,\nincluding magnetic storage media, punched cards, or stored internally in\nthe memory of the computer.\n  4. "Computer service" means any and all services provided by or\nthrough the facilities of any computer communication system allowing the\ninput, output, examination, or transfer, of computer data or computer\nprograms from one computer to another.\n  5. "Computer material" is property and means any computer data or\ncomputer program which:\n  (a) contains records of the medical history or medical treatment of an\nidentified or readily identifiable individual or individuals. This term\nshall not apply to the gaining access to or duplication solely of the\nmedical history or medical treatment records of a person by that person\nor by another specifically authorized by the person whose records are\ngained access to or duplicated; or\n  (b) contains records maintained by the state or any political\nsubdivision thereof or any governmental instrumentality within the state\nwhich contains any information concerning a person, as defined in\nsubdivision seven of section 10.00 of this chapter, which because of\nname, number, symbol, mark or other identifier, can be used to identify\nthe person and which is otherwise prohibited by law from being\ndisclosed. This term shall not apply to the gaining access to or\nduplication solely of records of a person by that person or by another\nspecifically authorized by the person whose records are gained access to\nor duplicated; or\n  (c) is not and is not intended to be available to anyone other than\nthe person or persons rightfully in possession thereof or selected\npersons having access thereto with his, her or their consent and which\naccords or may accord such rightful possessors an advantage over\ncompetitors or other persons who do not have knowledge or the benefit\nthereof.\n  6. "Computer network" means the interconnection of hardwire or\nwireless communication lines with a computer through remote terminals,\nor a complex consisting of two or more interconnected computers.\n  7. "Access" means to instruct, communicate with, store data in,\nretrieve from, or otherwise make use of any resources of a computer,\nphysically, directly or by electronic means.\n  8. "Without authorization" means to use or to access a computer,\ncomputer service or computer network without the permission of the owner\nor lessor or someone licensed or privileged by the owner or lessor where\nsuch person knew that his or her use or access was without permission or\nafter actual notice to such person that such use or access was without\npermission. It shall also mean the access of a computer service by a\nperson without permission where such person knew that such access was\nwithout permission or after actual notice to such person, that such\naccess was without permission.\n  Proof that such person used or accessed a computer, computer service\nor computer network through the knowing use of a set of instructions,\ncode or computer program that bypasses, defrauds or otherwise\ncircumvents a security measure installed or used with the user's\nauthorization on the computer, computer service or computer network\nshall be presumptive evidence that such person used or accessed such\ncomputer, computer service or computer network without authorization.\n  9. "Felony" as used in this article means any felony defined in the\nlaws of this state or any offense defined in the laws of any other\njurisdiction for which a sentence to a term of imprisonment in excess of\none year is authorized in this state.\n