NY S08138

Adds definition of "malware" to penal law as computer software specifically designed to cause damage to a device or network

Creates phishing in the third degree (class A misdemeanor) for sending emails urging individuals to send money, download malware-containing attachments, or click links that steal credentials or introduce malware

Establishes phishing in the second degree (class E felony) when phishing in the third degree causes financial loss or device damage exceeding $500 in aggregate

Establishes phishing in the first degree (class D felony) when phishing in the third degree causes financial loss or device damage exceeding $2,000 in aggregate

Extends statute of limitations for prosecution of phishing offenses to twenty years after commission of the crime