CRIMINAL POSSESSION OF COMPUTER RELATED MATERIAL Penal Law § 156.35 ( Committed on or after Nov. 1, 1986) (Revised June 5, 20121) The (specify) count is Criminal Possession of Computer Related Material. A person is guilty of criminal possession of computer related material when having no right to do so, that person knowingly possesses, in any form, any copy, reproduction or duplicate of any computer data or computer program which was copied, reproduced or duplicated in violation of law2, with intent to benefit himself or herself or a person other than an owner thereof. The following terms used in that definition have a special meaning: POSSESS means to have physical possession or otherwise to exercise dominion or control over tangible property.3 A person KNOWINGLY possesses computer data or a computer program when that person is aware that he or she is in The 2012 revision was for the purpose of inserting definitions of 1 the terms and and adding in the “possess” “knowingly,” “knowingly” listed elements of the crime. The statute at this point reads: violation of section Penal Law § “in 2 156.30 of this article.” The substituted phrase violation of law” is “in defined below by incorporation of the elements of Penal Law § 156.30. Penal Law §10.00(8). If necessary, an expanded charge on the 3 meaning of physical possession and constructive possession may be
CRIMINAL POSSESSION OF COMPUTER RELATED MATERIAL Penal Law § 156.35 ( Committed on or after Nov. 1, 1986) (Revised June 5, 20121) The (specify) count is Criminal Possession of Computer Related Material. A person is guilty of criminal possession of computer related material when having no right to do so, that person knowingly possesses, in any form, any copy, reproduction or duplicate of any computer data or computer program which was copied, reproduced or duplicated in violation of law2, with intent to benefit himself or herself or a person other than an owner thereof. The following terms used in that definition have a special meaning: POSSESS means to have physical possession or otherwise to exercise dominion or control over tangible property.3 A person KNOWINGLY possesses computer data or a computer program when that person is aware that he or she is in 1 The 2012 revision was for the purpose of inserting definitions of the terms “possess” and “knowingly,” and adding “knowingly” in the listed elements of the crime. 2 The statute at this point reads: “in violation of section Penal Law § 156.30 of this article.” The substituted phrase “in violation of law” is defined below by incorporation of the elements of Penal Law § 156.30. 3 Penal Law §10.00(8). If necessary, an expanded charge on the meaning of physical possession and constructive possession may be