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A4970Assembly2017-2018 SessionSame asS2848

Ban Online Impersonation

Official title

“Relates to establishing the offense of false pretense”

Sponsor Linda RosenthalAD-67+1 co-sponsorAffects Legal
Status
In Assembly Committee
Codes
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill creates the crime of "false pretense," making it a felony to impersonate someone online to harm, intimidate, threaten, or defraud.

Why it matters

  1. Expands criminal liability to online behavior. By specifically targeting impersonation through websites and electronic means, the bill addresses modern forms of identity misuse that existing laws may not cover, closing a gap in protections for victims of online deception.

  2. Focuses on tangible harm and intent. The crime only applies when impersonation is done with the intent to harm, intimidate, threaten, or defraud someone, aiming to distinguish malicious conduct from parody, satire, or harmless imitation.

  3. Sets a clear standard for “credible” impersonation. The law requires that a reasonable person would believe the impersonation is real, which is intended to prevent overbroad application and to focus prosecution on truly deceptive acts.

  4. Carries serious consequences. By designating “false pretense” as a class D felony, the bill signals a strong deterrent against online impersonation, potentially resulting in substantial prison time for offenders and reflecting the seriousness with which New York treats digital identity crimes.

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Who cares

Headline styles

Ban Online Impersonation

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Linda Rosenthal

Assembly Member · Assembly District 67

1 Co-sponsor

History

  1. Referred to codes
  2. Referred to codes

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S2848Senate

Ban Online Impersonation

In Senate Committee · Codes · Sponsor Kevin S. Parker

Impact 5 · Moderate0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

4970

2017-2018 Regular Sessions

IN ASSEMBLY

February 6, 2017

Introduced by M. of A. ROSENTHAL, SEPULVEDA -- read once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to establishing the offense of false pretense

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Short title. This act shall be known and may be cited as the "e-impersonation prevention act".

§ 2. The penal law is amended by adding a new section 190.22 to read as follows: § 190.22 False pretense.

1. A person is guilty of false pretense, when he or she knowingly and without consent impersonates another person through or on an internet website or by other electronic means for the purposes of harming, intimidating, threatening or defrauding such other person.

2. For the purposes of this section:

(a) An impersonation is credible if another person would reasonably believe or did reasonably believe that the defendant was or is the person who was impersonated.

(b) "Electronic means" shall include the accessing of an e-mail account, or an account or profile on a social networking internet website in another person's name.

False pretense is a class D felony.

§ 3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD05148-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.