S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          212
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by M. of A. MILLER -- read once and referred to the Committee
         on Codes
       AN  ACT  to  amend  the  penal  law  and  the criminal procedure law, in
         relation to computer crimes and obscenities
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The penal law is amended by adding two new sections 156.40
    2  and 156.41 to read as follows:
    3  S 156.40 CRIMINAL USE OF ENCRYPTION IN THE SECOND DEGREE.
    4    A PERSON IS GUILTY OF CRIMINAL USE OF ENCRYPTION IN THE SECOND  DEGREE
    5  WHEN HE OR SHE INTENTIONALLY USES OR ATTEMPTS TO USE ENCRYPTION TO:
    6    1.  COMMIT,  FURTHER,  FACILITATE  OR  PROMOTE  CONDUCT CONSTITUTING A
    7  CRIME;
    8    2. CONCEAL THE COMMISSION OF ANY CRIME;
    9    3. CONCEAL OR PROTECT THE IDENTITY OF A PERSON WHO HAS  COMMITTED  ANY
   10  CRIME; OR
   11    4.  PREVENT, IMPEDE, DELAY OR DISRUPT THE NORMAL OPERATION OR USE OF A
   12  COMPUTER, COMPUTER PROGRAM OR COMPUTER SYSTEM.
   13    CRIMINAL USE OF ENCRYPTION IN THE SECOND DEGREE IS A CLASS A MISDEMEA-
   14  NOR.
   15  S 156.41 CRIMINAL USE OF ENCRYPTION IN THE FIRST DEGREE.
   16    A PERSON IS GUILTY OF CRIMINAL USE OF ENCRYPTION IN THE  FIRST  DEGREE
   17  WHEN  HE  OR  SHE COMMITS THE CRIME OF CRIMINAL USE OF ENCRYPTION IN THE
   18  SECOND DEGREE AND HE OR SHE:
   19    1. DOES SO WITH AN INTENT TO COMMIT OR ATTEMPT TO  COMMIT  OR  FURTHER
   20  THE COMMISSION OF A FELONY;
   21    2. DOES SO WITH AN INTENT TO CONCEAL THE COMMISSION OF ANY FELONY;
   22    3. DOES SO WITH THE INTENT TO PROTECT THE IDENTITY OF A PERSON WHO HAS
   23  COMMITTED ANY FELONY; OR
   24    4. HAS BEEN PREVIOUSLY CONVICTED OF ANY CRIME UNDER THIS ARTICLE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01038-01-3
       A. 212                              2
    1    CRIMINAL USE OF ENCRYPTION IN THE FIRST DEGREE IS A CLASS E FELONY.
    2    S 2. Section 156.00 of the penal law is amended by adding a new subdi-
    3  vision 10 to read as follows:
    4    10.  "ENCRYPTION"  MEANS ANY PROTECTIVE OR DISRUPTIVE MEASURE, INCLUD-
    5  ING, WITHOUT LIMITATION, CRYPTOGRAPHY, ENCIPHERING OR ENCODING, WHICH:
    6    (A) CAUSES OR MAKES ANY DATA, INFORMATION, IMAGE, PROGRAM,  SIGNAL  OR
    7  SOUND UNINTELLIGIBLE OR UNUSABLE; OR
    8    (B) PREVENTS, IMPEDES, DELAYS OR DISRUPTS ACCESS TO ANY DATA, INFORMA-
    9  TION, IMAGE, PROGRAM, SIGNAL OR SOUND.
   10    S 3. Section 215.35 of the penal law is amended to read as follows:
   11  S 215.35 Tampering with physical evidence; definitions of terms.
   12    The following definitions are applicable to section 215.40:
   13    1.  "Physical  evidence"  means any article, object, document, record,
   14  PROPERTY OF ANY KIND, or other thing of physical substance [which is  or
   15  is  about to be produced or used as evidence in an official proceeding],
   16  INCLUDING BUT NOT  LIMITED  TO  COMPUTER  PROGRAMS,  COMPUTER  DATA  AND
   17  COMPUTER SERVICES AS DEFINED IN SECTION 156.00 OF THIS PART.
   18    2. "Official proceeding" means any action or proceeding, INVESTIGATION
   19  OR INQUIRY conducted by or before a legally constituted judicial, legis-
   20  lative,  administrative  or  other  governmental  agency or official, in
   21  which evidence may properly be received OR GATHERED.
   22    3. "ENCRYPTION" MEANS ANY PROTECTIVE OR DISRUPTIVE MEASURE,  INCLUDING
   23  BUT  NOT  LIMITED  TO  CRYPTOGRAPHY, ENCIPHERING OR ENCODING, WHICH: (A)
   24  CAUSES OR MAKES ANY DATA, INFORMATION, IMAGE, PROGRAM, SIGNAL  OR  SOUND
   25  UNINTELLIGIBLE OR UNUSABLE; OR (B) PREVENTS, IMPEDES, DELAYS OR DISRUPTS
   26  ACCESS TO ANY DATA, INFORMATION, IMAGE, PROGRAM, SIGNAL OR SOUND.
   27    S 4. Section 215.40 of the penal law is amended to read as follows:
   28  S 215.40 Tampering with physical evidence.
   29    A person is guilty of tampering with physical evidence when:
   30    1.  With intent that it be used or introduced in, OR BELIEVING THAT IT
   31  HAS BEEN REQUESTED OR MAY BE GATHERED DURING OR PURSUANT TO an  official
   32  proceeding  or  a prospective official proceeding, [he] SUCH PERSON: (a)
   33  knowingly makes, devises or prepares false  physical  evidence,  or  (b)
   34  produces  or  offers such evidence at such a proceeding knowing it to be
   35  false; or
   36    2. Believing that certain physical evidence [is about to] HAS BEEN  OR
   37  MAY  be REQUESTED, GATHERED, produced or used in OR PURSUANT TO an offi-
   38  cial proceeding or a prospective official proceeding, and  intending  to
   39  prevent  such  production  or use, [he] SUCH PERSON suppresses it by any
   40  act of concealment, alteration, ENCRYPTION or destruction, or by employ-
   41  ing force, intimidation or deception against any person.
   42    3. NO ELECTRONIC COMMUNICATIONS SERVICE OR REMOTE  COMPUTING  SERVICE,
   43  AS  DEFINED  UNDER  THE  FEDERAL  ELECTRONIC COMMUNICATIONS PRIVACY ACT,
   44  WHICH IS ACTING WITHIN THE ORDINARY COURSE OF BUSINESS, SHALL  BE  OBLI-
   45  GATED TO RETAIN CUSTOMER INFORMATION AND/OR CONTENT UNLESS IN RECEIPT OF
   46  AN OFFICIAL REQUEST TO RETAIN PHYSICAL EVIDENCE.
   47    Tampering with physical evidence is a class [E] D felony.
   48    S  5.  The penal law is amended by adding a new article 495 to read as
   49  follows:
   50                                 ARTICLE 495
   51                    COMPUTER SEX CRIMES AGAINST CHILDREN
   52  SECTION 495.00 COMPUTER SEX CRIMES.
   53          495.05 SENTENCE OF IMPRISONMENT FOR COMPUTER SEX CRIMES.
   54  S 495.00 COMPUTER SEX CRIMES.
       A. 212                              3
    1    1. A PERSON COMMITS A COMPUTER SEX CRIME WHEN HE OR SHE COMMITS A  SEX
    2  CRIME  AGAINST A CHILD AND FACILITATED THE COMMISSION OF SUCH OFFENSE BY
    3  USING OR CAUSING TO BE USED A COMPUTER OR COMPUTER SERVICE  TO  COMMUNI-
    4  CATE WITH THE CHILD AGAINST WHOM SUCH OFFENSE IS COMMITTED.
    5    2. A "SEX CRIME AGAINST A CHILD" MEANS A FELONY OFFENSE (A) THE ESSEN-
    6  TIAL ELEMENTS OF WHICH INCLUDE THE COMMISSION OR ATTEMPTED COMMISSION OF
    7  SEXUAL  CONDUCT, AS DEFINED IN SUBDIVISION TEN OF SECTION 130.00 OF THIS
    8  CHAPTER, OR THE USE OR PROMOTION OF A SEXUAL OR OBSCENE SEXUAL  PERFORM-
    9  ANCE,  AS  DEFINED  IN  SECTION 263.00 OF THIS CHAPTER, (B) COMMITTED OR
   10  ATTEMPTED TO BE COMMITTED AGAINST A CHILD LESS THAN SEVENTEEN YEARS OLD.
   11  S 495.05 SENTENCE OF IMPRISONMENT FOR COMPUTER SEX CRIMES.
   12    1. WHEN A PERSON IS CONVICTED OF A  COMPUTER  SEX  CRIME  PURSUANT  TO
   13  SECTION 495.00 OF THIS ARTICLE, AND THE UNDERLYING CRIME AGAINST A CHILD
   14  IS  A  VIOLENT FELONY OFFENSE, AS DEFINED IN SECTION 70.02 OF THIS CHAP-
   15  TER, THE COMPUTER SEX CRIME SHALL BE DEEMED A VIOLENT FELONY OFFENSE.
   16    2. WHEN A PERSON IS CONVICTED OF A  COMPUTER  SEX  CRIME  PURSUANT  TO
   17  SECTION  495.00  OF THIS ARTICLE, AND THE UNDERLYING SEX CRIME AGAINST A
   18  CHILD IS A CLASS C, D OR E FELONY,  THE  COMPUTER  SEX  CRIME  SHALL  BE
   19  DEEMED  TO BE ONE CATEGORY HIGHER THAN THE SEX CRIME AGAINST A CHILD THE
   20  DEFENDANT COMMITTED, OR ONE  CATEGORY  HIGHER  THAN  THE  OFFENSE  LEVEL
   21  APPLICABLE TO THE DEFENDANT'S CONVICTION FOR AN ATTEMPT OR CONSPIRACY TO
   22  COMMIT A SEX CRIME AGAINST A CHILD, WHICHEVER IS APPLICABLE.
   23    3.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  WHEN A PERSON IS
   24  CONVICTED OF A COMPUTER SEX CRIME PURSUANT TO  SECTION  495.00  OF  THIS
   25  ARTICLE  AND THE UNDERLYING SEX CRIME AGAINST A CHILD IS A CLASS B FELO-
   26  NY:
   27    (A) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST EIGHT  YEARS
   28  IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.02 OF THIS CHAPTER;
   29    (B) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST TWELVE YEARS
   30  IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.04 OF THIS CHAPTER;
   31  AND
   32    (C)  THE  MAXIMUM  TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
   33  FOUR YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO  SECTION  70.05  OF
   34  THIS CHAPTER.
   35    S  6. Subdivisions 4 and 7 of section 200.50 of the criminal procedure
   36  law, as amended by chapter 7 of the laws of 2007, are amended to read as
   37  follows:
   38    4. A statement in each count that the grand jury, or, where the  accu-
   39  satory  instrument  is a superior court information, the district attor-
   40  ney, accuses the  defendant  or  defendants  of  a  designated  offense,
   41  provided  that in any prosecution under article four hundred eighty-five
   42  of the penal law, the designated offense shall be the specified offense,
   43  as defined in subdivision three of section  485.05  of  the  penal  law,
   44  followed  by  the phrase "as a hate crime", and provided further that in
   45  any prosecution under section 490.25 of the penal  law,  the  designated
   46  offense  shall be the specified offense, as defined in subdivision three
   47  of section 490.05 of the penal law, followed by the phrase "as  a  crime
   48  of  terrorism";  and  provided  further  that  in  any prosecution under
   49  section 130.91 of the penal law, the designated  offense  shall  be  the
   50  specified  offense,  as  defined in subdivision two of section 130.91 of
   51  the penal law, followed by the phrase "as a sexually motivated  felony",
   52  AND PROVIDED FURTHER THAT IN ANY PROSECUTION UNDER SECTION 495.00 OF THE
   53  PENAL  LAW,  THE  DESIGNATED  OFFENSE  SHALL BE THE UNDERLYING SEX CRIME
   54  AGAINST A CHILD, AS DEFINED IN SUBDIVISION TWO OF SECTION 495.00 OF  THE
   55  PENAL LAW, FOLLOWED BY THE PHRASE "AS A COMPUTER SEX CRIME"; and
       A. 212                              4
    1    7.  A plain and concise factual statement in each count which, without
    2  allegations of an evidentiary nature,
    3    (a)  asserts facts supporting every element of the offense charged and
    4  the defendant's or defendants' commission thereof with sufficient preci-
    5  sion to clearly apprise the defendant or defendants of the conduct which
    6  is the subject of the accusation; and
    7    (b) in the case of any armed felony, as defined in subdivision  forty-
    8  one  of  section  1.20,  states that such offense is an armed felony and
    9  specifies  the  particular  implement  the   defendant   or   defendants
   10  possessed,  were  armed  with,  used  or displayed or, in the case of an
   11  implement displayed, specifies what the implement appeared to be; and
   12    (c) in the case of any hate crime, as defined in section 485.05 of the
   13  penal law, specifies, as applicable, that the  defendant  or  defendants
   14  intentionally selected the person against whom the offense was committed
   15  or  intended to be committed; or intentionally committed the act or acts
   16  constituting the offense, in whole or in substantial part because  of  a
   17  belief  or perception regarding the race, color, national origin, ances-
   18  try, gender, religion, religious practice,  age,  disability  or  sexual
   19  orientation of a person; and
   20    (d)  in the case of a crime of terrorism, as defined in section 490.25
   21  of the penal law,  specifies,  as  applicable,  that  the  defendant  or
   22  defendants  acted  with  intent to intimidate or coerce a civilian popu-
   23  lation, influence the policy of a unit of government by intimidation  or
   24  coercion,  or  affect  the  conduct  of  a unit of government by murder,
   25  assassination or kidnapping; and
   26    (e) in the case of a sexually motivated felony, as defined in  section
   27  130.91  of  the  penal law, asserts facts supporting the allegation that
   28  the offense was sexually motivated; and
   29    (F) IN THE CASE OF A COMPUTER SEX CRIME, AS DEFINED IN SUBDIVISION ONE
   30  OF SECTION 495.00 OF THE PENAL LAW, SPECIFIES, AS APPLICABLE,  THAT  THE
   31  DEFENDANT  OR  DEFENDANTS  FACILITATED  THE  COMMISSION  OF  A SEX CRIME
   32  AGAINST A CHILD, AS DEFINED IN SUBDIVISION TWO OF SUCH  SECTION  495.00,
   33  BY  USING OR CAUSING TO BE USED A COMPUTER OR COMPUTER SERVICE TO COMMU-
   34  NICATE WITH THE CHILD AGAINST WHOM SUCH OFFENSE IS COMMITTED; AND
   35    S 7. Paragraph (c) of subdivision 5 of section  156.00  of  the  penal
   36  law, as amended by chapter 558 of the laws of 2006, is amended and a new
   37  paragraph (d) is added to read as follows:
   38    (c)  is  not  and is not intended to be available to anyone other than
   39  the person or persons  rightfully  in  possession  thereof  or  selected
   40  persons  having  access thereto with his, her or their consent and which
   41  accords or may accord such rightful possessors an advantage over compet-
   42  itors or other persons who do not have knowledge or the  benefit  there-
   43  of[.]; OR
   44    (D) CONTAINS RECORDS OF THE EMPLOYMENT, SALARY, CREDIT OR OTHER FINAN-
   45  CIAL OR PERSONAL INFORMATION RELATING TO ANOTHER PERSON AND SUCH RECORDS
   46  ARE ACCESSED AFTER THE TIME AT WHICH A PERSON KNOWS OR REASONABLY SHOULD
   47  KNOW  THAT  HE  OR  SHE IS WITHOUT AUTHORIZATION TO VIEW THE INFORMATION
   48  DISPLAYED.
   49    S 8. Subdivision 2 of section 156.10 of the penal law, as  amended  by
   50  chapter 558 of the laws of 2006, is amended to read as follows:
   51    2.  he  or she thereby knowingly gains access to computer material[.];
   52  OR
   53    S 9. Section 156.10 of the penal law is amended by adding a new subdi-
   54  vision 3 to read as follows:
   55    3. HE OR SHE GAINS ACCESS TO SUCH  COMPUTER  OR  COMPUTER  SERVICE  BY
   56  USING A CARD, CODE OR OTHER MEANS OF ACCESS, OR ANY COMBINATION THEREOF,
       A. 212                              5
    1  THAT  HE OR SHE KNOWS TO BE FORGED OR STOLEN, OR THROUGH USE OF A FICTI-
    2  TIOUS IDENTITY.
    3    S  10.  The  opening  paragraph of section 156.20 of the penal law, as
    4  amended by chapter 558 of the laws  of  2006,  is  amended  to  read  as
    5  follows:
    6    A  person is guilty of computer tampering in the fourth degree when he
    7  or she uses, causes  to  be  used,  or  accesses  a  computer,  computer
    8  service,  or computer network without authorization and he or she inten-
    9  tionally alters in any manner or destroys, DAMAGES OR CONCEALS  computer
   10  data or a computer program of another person.
   11    S  11.  Subdivisions  3  and  4 of section 156.25 of the penal law, as
   12  amended by chapter 89 of the laws  of  1993,  are  amended  to  read  as
   13  follows:
   14    3.  [he]  SUCH  PERSON intentionally alters in any manner or destroys,
   15  DAMAGES OR CONCEALS computer material; or
   16    4. [he] SUCH PERSON intentionally alters in any  manner  or  destroys,
   17  DAMAGES  OR  CONCEALS computer data or a computer program so as to cause
   18  damages in an aggregate amount exceeding one thousand dollars.
   19    S 12. Section 156.26 of the penal law, as amended by  chapter  590  of
   20  the laws of 2008, is amended to read as follows:
   21  S 156.26 Computer tampering in the second degree.
   22    A  person is guilty of computer tampering in the second degree when he
   23  or she commits the crime of computer tampering in the fourth degree  and
   24  he  or  she  intentionally  alters in any manner or destroys, DAMAGES OR
   25  CONCEALS:
   26    1. computer data or a computer program: (A) so as to cause damages  in
   27  an  aggregate  amount  exceeding  three thousand dollars, OR (B) DOES SO
   28  WITH THE INTENT TO ENDANGER PUBLIC SAFETY, INCLUDING,  BUT  NOT  LIMITED
   29  TO, INTERRUPTING OR IMPAIRING THE PROVIDING OF SERVICES BY ANY PUBLIC OR
   30  PRIVATE  UTILITY  OR  BY ANY STATE, COUNTY OR LOCAL GOVERNMENTAL AGENCY,
   31  PUBLIC CARRIER OR PUBLIC COMMUNICATION SERVICE; or
   32    2. computer material that contains records of the medical  history  or
   33  medical treatment of an identified or readily identifiable individual or
   34  individuals  and  as  a  result  of such alteration or destruction, such
   35  individual or individuals suffer serious physical injury, and he or  she
   36  is  aware  of and consciously disregards a substantial and unjustifiable
   37  risk that such serious physical injury may occur.
   38    Computer tampering in the second degree is a class D felony.
   39    S 13. The opening paragraph of section 156.27 of  the  penal  law,  as
   40  added by chapter 89 of the laws of 1993, is amended to read as follows:
   41    A person is guilty of computer tampering in the first degree when [he]
   42  SUCH PERSON commits the crime of computer tampering in the fourth degree
   43  and  [he]  SUCH  PERSON  intentionally alters in any manner or destroys,
   44  DAMAGES OR CONCEALS computer data or a computer program so as  to  cause
   45  damages in an aggregate amount exceeding fifty thousand dollars.
   46    S  14.  Subdivision  2 of section 115.00 of the penal law, as added by
   47  chapter 422 of the laws of 1978, is amended to read as follows:
   48    2. to a person under sixteen years of age who  intends  to  engage  in
   49  conduct  which  would  constitute  a crime, [he] SUCH PERSON, being over
   50  eighteen years of age, engages in conduct  which  provides  such  person
   51  with  means  or opportunity for the commission thereof and which in fact
   52  aids such person to commit a crime[.]; OR
   53    S 15. Section 115.00 of the penal law  is  amended  by  adding  a  new
   54  subdivision 3 to read as follows:
   55    3.  TO  A  PERSON WHO INTENDS TO COMMIT A CRIME, HE ENGAGES IN CONDUCT
   56  WHICH INCLUDES THE INTENTIONAL DISCLOSURE OF A COMPUTER PASSWORD,  IDEN-
       A. 212                              6
    1  TIFYING  CODE, PERSONAL INFORMATION NUMBER, OR OTHER CONFIDENTIAL INFOR-
    2  MATION ABOUT A COMPUTER SECURITY SYSTEM WHICH PROVIDES SUCH PERSON  WITH
    3  MEANS  OR  OPPORTUNITY  FOR THE COMMISSION THEREOF AND IN FACT AIDS SUCH
    4  PERSON TO COMMIT A CRIME.
    5    S 16. Subdivision 8 of section 700.05 of the criminal procedure law is
    6  amended by adding two new paragraphs (u) and (v) to read as follows:
    7    (U) COMPUTER SEX CRIMES AS DEFINED IN SECTION 495.00 OF THE PENAL LAW,
    8  COMPUTER TRESPASS AS DEFINED IN SECTION 156.10 OF THE PENAL LAW, COMPUT-
    9  ER  TAMPERING  IN  THE  THIRD DEGREE AS DEFINED IN SECTION 156.25 OF THE
   10  PENAL LAW, COMPUTER TAMPERING IN THE SECOND DEGREE AS DEFINED IN SECTION
   11  156.26 OF THE PENAL LAW, COMPUTER  TAMPERING  IN  THE  FIRST  DEGREE  AS
   12  DEFINED  IN  SECTION  156.27  OF  THE PENAL LAW, UNLAWFUL DUPLICATION OF
   13  COMPUTER RELATED MATERIAL AS DEFINED IN SECTION 156.30 OF THE PENAL LAW,
   14  CRIMINAL POSSESSION OF COMPUTER RELATED MATERIAL AS DEFINED  IN  SECTION
   15  156.35 OF THE PENAL LAW, CRIMINAL USE OF ENCRYPTION IN THE SECOND DEGREE
   16  AS  DEFINED  IN  SECTION  156.40  OF  THE  PENAL  LAW,  CRIMINAL  USE OF
   17  ENCRYPTION IN THE FIRST DEGREE AS DEFINED IN SECTION 156.41 OF THE PENAL
   18  LAW AND DISSEMINATING INDECENT MATERIAL TO MINORS IN THE FIRST DEGREE AS
   19  DEFINED IN SECTION 235.22 OF THE PENAL LAW.
   20    (V) USE OF A CHILD IN A  SEXUAL  PERFORMANCE  AS  DEFINED  IN  SECTION
   21  263.05  OF  THE  PENAL LAW, PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A
   22  CHILD AS DEFINED IN SECTION 263.10  OF  THE  PENAL  LAW,  POSSESSING  AN
   23  OBSCENE  SEXUAL  PERFORMANCE  BY A CHILD AS DEFINED IN SECTION 263.11 OF
   24  THE PENAL LAW, PROMOTING A SEXUAL PERFORMANCE BY A CHILD AS  DEFINED  IN
   25  SECTION  263.15  OF  THE PENAL LAW, POSSESSING A SEXUAL PERFORMANCE BY A
   26  CHILD AS DEFINED IN SECTION 263.16 OF THE PENAL LAW.
   27    S 17. Paragraph (a) of subdivision 1 of section 460.10  of  the  penal
   28  law,  as  amended by chapter 405 of the laws of 2010, is amended to read
   29  as follows:
   30    (a) Any of the felonies set forth in this  chapter:  sections  120.05,
   31  120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
   32  ing  to  strangulation;  sections 125.10 to 125.27 relating to homicide;
   33  sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
   34  135.25 relating to kidnapping; section 135.35 relating  to  labor  traf-
   35  ficking;  section  135.65  relating to coercion; sections 140.20, 140.25
   36  and 140.30 relating to burglary;  sections  145.05,  145.10  and  145.12
   37  relating  to  criminal  mischief;  article one hundred fifty relating to
   38  arson; sections 155.30, 155.35, 155.40  and  155.42  relating  to  grand
   39  larceny;  SECTION 156.10 RELATING TO COMPUTER TRESPASS; SECTIONS 156.25,
   40  156.26 AND 156.27 RELATING TO COMPUTER TAMPERING; SECTION 156.30  RELAT-
   41  ING TO UNLAWFUL DUPLICATION OF COMPUTER RELATED MATERIAL; SECTION 156.35
   42  RELATING  TO  CRIMINAL  POSSESSION OF COMPUTER RELATED MATERIAL; SECTION
   43  156.41 RELATING TO CRIMINAL USE OF ENCRYPTION; sections 177.10,  177.15,
   44  177.20  and  177.25  relating  to health care fraud; article one hundred
   45  sixty relating to robbery; sections 165.45, 165.50,  165.52  and  165.54
   46  relating  to criminal possession of stolen property; sections 165.72 and
   47  165.73 relating to trademark counterfeiting;  sections  170.10,  170.15,
   48  170.25,  170.30, 170.40, 170.65 and 170.70 relating to forgery; sections
   49  175.10, 175.25, 175.35, 175.40 and 210.40 relating to false  statements;
   50  sections  176.15, 176.20, 176.25 and 176.30 relating to insurance fraud;
   51  sections  178.20  and  178.25  relating   to   criminal   diversion   of
   52  prescription  medications  and  prescriptions;  sections 180.03, 180.08,
   53  180.15, 180.25, 180.40, 180.45, 200.00, 200.03, 200.04, 200.10,  200.11,
   54  200.12, 200.20, 200.22, 200.25, 200.27, 215.00, 215.05 and 215.19 relat-
   55  ing  to  bribery; sections 187.10, 187.15, 187.20 and 187.25 relating to
   56  residential mortgage fraud[,]; sections 190.40 and  190.42  relating  to
       A. 212                              7
    1  criminal  usury; section 190.65 relating to schemes to defraud; sections
    2  205.60 and 205.65 relating to hindering  prosecution;  sections  210.10,
    3  210.15,  and  215.51  relating  to  perjury and contempt; section 215.40
    4  relating  to  tampering with physical evidence; sections 220.06, 220.09,
    5  220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43,  220.46,
    6  220.55,  220.60  and  220.77 relating to controlled substances; sections
    7  225.10 and 225.20 relating to gambling;  sections  230.25,  230.30,  and
    8  230.32  relating  to  promoting prostitution; section 230.34 relating to
    9  sex trafficking; sections 235.06, 235.07, 235.21 and 235.22 relating  to
   10  obscenity;  sections  263.05,  263.10  [and],  263.11, 263.15 AND 263.16
   11  relating to [promoting]  a  sexual  performance  by  a  child;  sections
   12  265.02,  265.03,  265.04,  265.11,  265.12, 265.13 and the provisions of
   13  section 265.10 which constitute a felony relating to firearms and  other
   14  dangerous  weapons;  and sections 265.14 and 265.16 relating to criminal
   15  sale of a firearm; and section 275.10, 275.20, 275.30, or 275.40  relat-
   16  ing  to  unauthorized  recordings; [and] sections 470.05, 470.10, 470.15
   17  and 470.20 relating to money laundering AND SECTION 495.00  RELATING  TO
   18  COMPUTER SEX CRIMES; or
   19    S  18.  This  act  shall  take  effect  on  the first of November next
   20  succeeding the date on which it shall have become a law.