New York Laws
Part 1 - General Organization
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.

Structure New York Laws