N.Y. Education Law § 213-b: Unlawful sale of dissertations, theses and term papers

§ 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.