2013 New York Consolidated Laws
EDN - Education
Title 1 - GENERAL PROVISIONS
Article 5 - UNIVERSITY OF THE STATE OF NEW YORK
Part 1 - (201 - 239-A) GENERAL ORGANIZATION
213-B - Unlawful sale of dissertations, theses and term papers.


NY Educ L § 213-B (2012) What's This?
 
    § 213-b. Unlawful sale of dissertations, theses and term papers. 1. No
  person  shall,  for financial consideration, or the promise of financial
  consideration, prepare, offer to prepare, cause to be prepared, sell  or
  offer  for  sale  to  any  person  any written material which the seller
  knows, is informed or has reason to believe is intended  for  submission
  as  a  dissertation,  thesis, term paper, essay, report or other written
  assignment by a student in a university,  college,  academy,  school  or
  other  educational  institution  to  such  institution  or  to a course,
  seminar or degree program held by such institution.
    2. Nothing herein contained shall prevent such educational institution
  or  any  member  of  its  faculty  or  staff,  from  offering   courses,
  instruction, counseling or tutoring for research or writing as part of a
  curriculum  or  other program conducted by such educational institution.
  Nor shall this section prevent any educational institution or any member
  of its faculty or staff from authorizing students  to  use  statistical,
  computer,  or  any  other services which may be required or permitted by
  such educational institution in the preparation, research or writing  of
  a  dissertation,  thesis,  term  paper,  essay,  report or other written
  assignment. Nor shall this section prevent tutorial assistance  rendered
  by  other  persons  which  does not include the preparation, research or
  writing of a dissertation, thesis, term paper, essay,  report  or  other
  written   assignment   intended   for  submission  to  such  educational
  institution in fulfillment of the requirements for  a  degree,  diploma,
  certificate or course of study. Nor shall any person be prevented by the
  provisions of this section from rendering services for a fee which shall
  be limited to the typing, transcription or reproduction of a manuscript.
    3. Nothing contained within this section shall prevent any person from
  selling  or  offering  for  sale a publication or other written material
  which shall have  been  registered  under  the  United  States  laws  of
  copyright,  provided,  however,  that  the owner of such copyright shall
  have given his authorization or approval  for  such  sale  and  provided
  further  that  such  publication  or other written material shall not be
  intended for submission as a dissertation, thesis,  term  paper,  essay,
  report  or  other  written  assignment  to  such educational institution
  within the state of New York in fulfillment of the  requirements  for  a
  degree, diploma, certificate or course of study.
    4.  No person shall sell, assign or otherwise transfer for business or
  for any other purpose to any person any information and  material  of  a
  personal  or private nature acquired from a purchaser of a dissertation,
  thesis, term paper, essay, report or other  written  assignment  without
  the  prior consent of such purchaser. The term "information and material
  of a personal or private nature"  as  used  in  this  subdivision  shall
  include,  but  not be limited to the name of such purchaser, his address
  and telephone number, the name of such educational institution, the name
  or number of the course, the name of the faculty member or  members  for
  whom  such  written  assignment has been prepared and any description of
  the research involved or the nature of such written assignment.
    5. A violation of the provisions of this section  shall  constitute  a
  class B misdemeanor.
    6.  The attorney general and district attorney of the county wherein a
  violation of this section occurs  shall  have  concurrent  authority  to
  investigate  and prosecute any violation of this section and any related
  violations discovered during the course of such investigation.
    7. Whenever there shall be a violation of this  section,  an  applica-
  tion  also may be made by the attorney general in the name of the people
  of the state of New York to a court or justice  having  jurisdiction  to
  issue  an  injunction, and upon notice to the defendant of not less than
  five days, to enjoin and restrain the continuance of such violation; and

  if it shall appear to the satisfaction of the court or justice that  the
  defendant  has,  in  fact,  violated  this section, an injunction may be
  issued by such court or justice, enjoining and restraining  any  further
  violation,  without  requiring  proof that any person has, in fact, been
  injured or damaged thereby. In any such proceeding the  court  may  make
  allowances  to  the attorney general as provided in section eighty-three
  hundred three, subdivision six of the civil practice law and  rules.  In
  connection  with  any such proposed application, the attorney general is
  authorized to take proof and make a determination of the relevant  facts
  and  to  issue  subpoenas  in accordance with the civil practice law and
  rules.  Additionally,  the  attorney  general  may  apply  in  any  such
  proceeding  for a monetary penalty of not more than one thousand dollars
  per violation.

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