NY S07733

Prohibits the knowing purchase, possession, installation, update, maintenance, upgrade, transfer, or use of automated sales suppression devices, zappers, or phantom-ware that falsify electronic cash register records and transaction data.

Defines automated sales suppression device as software that falsifies electronic records of cash registers and point-of-sale systems, and phantom-ware as hidden programming that creates virtual second tills or manipulates transaction records.

Establishes knowing use of these devices as a Class E felony with fines ranging from $5,000 to $25,000 for first offense, $25,000 to $100,000 for second offense within five years, and $100,000 to $500,000 for third or subsequent offense within ten years.

Makes selling automated sales suppression devices, zappers, or phantom-ware a Class E felony punishable by a fine of $25,000 per incident.

Takes effect January 1, 2013.