Relates to establishing the crime of larceny by cyber extortion which occurs when a person intends to obtain property from another person or entity located in the state of New York through the use of certain malicious software.
Summary
S00083 amends New York’s larceny statute to add a new form of theft committed “by cyber extortion.” The bill defines this offense as obtaining property from a person or entity in New York by using or threatening malicious computer instructions—such as malware or ransomware—that restrict access to a computer, network, or data, damage or disable systems, or falsely claim that such instructions were deployed. In practical terms, it targets situations where an offender extorts money or other property by locking, disrupting, or threatening to lock a victim’s digital systems.
The bill also makes a related change to the existing deed theft provisions in the Penal Law, but the central policy change is the creation of a cyber-extortion-based larceny theory. It applies to conduct affecting New York victims and is intended to give prosecutors a clearer statutory basis to charge ransomware-style schemes and similar digital extortion as larceny. The act takes effect immediately upon enactment.
Impact
The bill would amend Penal Law section 155.05 by adding a new paragraph defining larceny “by cyber extortion,” expanding the ways larceny can be charged under New York law. It would affect individuals and entities in New York that are targeted by ransomware, malware-based extortion, or false claims that malicious code has been deployed, and it would provide law enforcement and prosecutors with a more explicit tool to pursue these offenses under the theft statutes rather than relying only on broader fraud or computer-crime provisions.
Sentiment
The available voting history shows strong bipartisan support and little visible opposition. The Senate Codes Committee approved the bill unanimously in both recorded committee votes, and the Senate floor passed it by wide margins each time, indicating broad agreement that the conduct described is harmful and should be specifically criminalized. No committee transcript is available, so the public record here suggests a generally favorable and noncontroversial reception.
Contention
There is little evidence of major contention in the available materials. Any potential debate would likely center on how broadly the new cyber-extortion definition reaches, especially the language covering threats to implement malicious computer instructions or statements that such instructions were implemented even if they were not. Another possible issue is overlap with existing computer crime, extortion, and larceny provisions, but the votes suggest lawmakers largely viewed the bill as a needed clarification and enforcement tool rather than a controversial expansion of criminal liability.
Same As
Relates to establishing the crime of larceny by cyber extortion which occurs when a person intends to obtain property from another person or entity located in the state of New York through the use of certain malicious software.
Relates to establishing the crime of larceny by cyber extortion which occurs when a person intends to obtain property from another person or entity located in the state of New York through the use of certain malicious software.
Relates to establishing the crime of larceny by cyber extortion which occurs when a person intends to obtain property from another person or entity located in the state of New York through the use of certain malicious software.
Relates to establishing the crime of larceny by cyber extortion which occurs when a person intends to obtain property from another person or entity located in the state of New York through the use of certain malicious software.
Provides that when property, regardless of its nature and value, is taken from the person of another and the victim is 65 years of age or older or such property is obtained by extortion and the victim is 65 years of age or older, such crimes shall be grand larceny in the third degree and subject to a class D felony.
Relating to the status of certain documents or instruments concerning real or personal property; creating the criminal offenses of real property theft and real property fraud and establishing a statute of limitations for those offenses; harmonizing other statute of limitations provisions; increasing a criminal penalty.