NY Penal L § 156.00 (2021)
2021 New York Laws PEN - Penal Part 3 - Specific Offenses Title J - Offenses Involving Theft Article 156 - Offenses Involving Computers; Definition of Terms 156.00 - Offenses Involving Computers; Definition of Terms.

§ 156.00 Offenses involving computers; definition of terms.   The  following definitions are applicable to this chapter except where different meanings are expressly specified:   1.  "Computer"  means  a  device  or  group  of  devices   which,   by manipulation   of   electronic,  magnetic,  optical  or  electrochemical impulses, pursuant to a  computer  program,  can  automatically  perform arithmetic, logical, storage or retrieval operations with or on computer data,  and  includes any connected or directly related device, equipment or  facility  which  enables  such  computer  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.   2. "Computer program" is property and means an  ordered  set  of  data representing  coded  instructions  or  statements that, when executed by computer, cause the computer to process data or direct the  computer  to perform  one or more computer operations or both and may be in any form, including magnetic storage media, punched cards, or stored internally in the memory of the computer.   3.  "Computer  data"  is  property  and  means  a  representation   of information,  knowledge, facts, concepts or instructions which are being processed, or have been processed in a computer and may be in any  form, including magnetic storage media, punched cards, or stored internally in the memory of the computer.   4.  "Computer  service"  means  any  and  all  services provided by or through the facilities of any computer communication system allowing the input, output, examination, or transfer, of computer  data  or  computer programs from one computer to another.   5.  "Computer  material"  is  property  and means any computer data or computer program which:  (a) contains records of the medical history or medical treatment of an identified or readily identifiable individual or individuals. This  term shall  not  apply  to the gaining access to or duplication solely of the medical history or medical treatment records of a person by that  person or  by  another  specifically authorized by the person whose records are gained access to or duplicated; or  (b)  contains  records  maintained  by  the  state  or  any  political subdivision thereof or any governmental instrumentality within the state which  contains  any  information  concerning  a  person,  as defined in subdivision seven of section 10.00 of this  chapter,  which  because  of name,  number, symbol, mark or other identifier, can be used to identify the  person  and  which  is  otherwise  prohibited  by  law  from  being disclosed.  This  term  shall  not  apply  to  the  gaining access to or duplication solely of records of a person by that person or  by  another specifically authorized by 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 persons  rightfully  in  possession  thereof  or  selected persons  having  access thereto with his, her or their consent and which accords or  may  accord  such  rightful  possessors  an  advantage  over competitors  or  other  persons who do not have knowledge or the benefit thereof.   6.  "Computer  network"  means  the  interconnection  of  hardwire  or wireless  communication  lines with a computer through remote terminals, or a complex consisting of two or more interconnected computers.   7. "Access" means  to  instruct,  communicate  with,  store  data  in, retrieve  from,  or  otherwise  make use of any resources of a computer, physically, directly or by electronic means.   8. "Without authorization" means to  use  or  to  access  a  computer, computer service or computer network without the permission of the owner  or lessor or someone licensed or privileged by the owner or lessor where such person knew that his or her use or access was without permission or after  actual  notice to such person that such use or access was without permission.  It  shall  also  mean the access of a computer service by a person without permission where such person knew that  such  access  was without  permission  or  after  actual  notice to such person, that such access was without permission.   Proof that such person used or accessed a computer,  computer  service or  computer  network  through the knowing use of a set of instructions, code  or  computer  program  that  bypasses,   defrauds   or   otherwise circumvents  a  security  measure  installed  or  used  with  the user's authorization on the computer,  computer  service  or  computer  network shall  be  presumptive  evidence  that such person used or accessed such computer, computer service or computer network without authorization.   9. "Felony" as used in this article means any felony  defined  in  the laws  of  this  state  or  any  offense defined in the laws of any other jurisdiction for which a sentence to a term of imprisonment in excess of one year is authorized in this state.