New York Senate Bill S05479

New York 2025-2026 Regular Session

• Introduced: 2/21/25
• Refer: 2/21/25
• Refer: 1/7/26

Caption

Relates to unauthorized use of a smart phone or mobile device or any data contained therein.

Summary

S05479 amends New York’s Penal Law to expressly treat a smart phone or mobile device as a “computer” for purposes of Article 156, which covers computer-related offenses. The bill also adds a new definition of “smart phone or mobile device” as a portable, self-contained computing device with wireless capability and local data storage. By doing so, it brings mobile devices and the data stored on them more clearly within the scope of existing unauthorized use and computer crime provisions. The practical effect is to clarify that unauthorized access, use, or interference involving a smartphone or similar device can be prosecuted under the same framework that applies to computers. The bill takes effect immediately and would affect criminal law enforcement, prosecutors, defendants, and victims whose devices or device data are involved in alleged unauthorized activity. It does not create a new standalone offense so much as expand the statutory definition used in existing computer crime laws.

Impact

The bill would amend Penal Law section 156.00 by adding smartphones and mobile devices to the definition of “computer,” and by creating a separate definition for those devices. This would extend the reach of New York’s computer crime statutes to conduct involving mobile devices and the data contained on them, including unauthorized use, access, or manipulation. The change would likely affect how prosecutors charge device-related offenses and how courts interpret existing computer crime provisions in cases involving phones, tablets, and similar portable devices.

Sentiment

Based on the bill text and the absence of recorded committee debate or votes, the measure appears to be a straightforward technical clarification with an enforcement-oriented purpose. The bill’s framing suggests support for updating the Penal Law to reflect modern technology and to ensure mobile devices are covered under existing computer crime rules. No opposition, amendments, or divided vote history is available in the provided materials.

Contention

The main potential point of contention is whether expanding the definition of “computer” to include smartphones and mobile devices could broaden criminal liability beyond what some may view as the original scope of the computer crime statutes. Supporters would likely argue the change is necessary because smartphones now function like computers and store sensitive data, while critics might worry about overbreadth, charging discretion, or unintended consequences for ordinary device use. However, no specific objections, witnesses, or recorded disagreements are included in the provided context.