What's happening
This bill makes it a crime to impersonate someone by using their electronic signature without permission, aiming to prevent fraud.
Why it matters
Expands Criminal Liability. By specifically adding the use of someone else’s electronic signature without permission as a crime, the bill recognizes that digital impersonation can be just as harmful as traditional forms, and brings the law up to date with how fraud often occurs today.
Protects Digital Transactions. As more legal, financial, and personal agreements are executed electronically, this change helps safeguard individuals and businesses from unauthorized commitments or losses due to forged e-signatures.
Clarifies Legal Definitions. The bill references the definition of "electronic signature" in the State Technology Law, providing clear legal guidance on what constitutes an electronic signature and reducing ambiguity for courts, law enforcement, and the public.
Addresses Both Harm and Benefit. The law covers not only situations where someone tries to gain a benefit, but also those where the intent is to injure or defraud another, ensuring a broader range of malicious activity is covered.
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Who cares
Headline styles
Ban Electronic Signature Impersonation
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Delivered to assembly
- Passed senateVote 62–0
- Ordered to third reading cal.1020
- Committee discharged and committed to rules
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 63–0
- Amended on third reading 1199a
Show 6 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.653
- Notice of committee consideration - withdrawn
- Notice of committee consideration - requested
- 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.
Ban Signature Impersonation
In Assembly Committee · Codes · Sponsor Felix Ortiz
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1199--A Cal. No. 653
2017-2018 Regular Sessions
IN SENATE
January 6, 2017
Introduced by Sen. PERSAUD -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the penal law, in relation to impersonating another by using another's electronic signature
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 3 and 4 of section 190.25 of the penal law, subdivision 3 as amended by chapter 27 of the laws of 1980 and subdivision 4 as added by chapter 304 of the laws of 2008, are amended and a new subdivision 5 is added to read as follows:
3. (a) Pretends to be a public servant, or wears or displays without authority any uniform, badge, insignia or facsimile thereof by which such public servant is lawfully distinguished, or falsely expresses by his words or actions that he is a public servant or is acting with approval or authority of a public agency or department; and (b) so acts with intent to induce another to submit to such pretended official authority, to solicit funds or to otherwise cause another to act in reliance upon that pretense[.]; or
4. Impersonates another by communication by internet website or electronic means with intent to obtain a benefit or injure or defraud another, or by such communication pretends to be a public servant in order to induce another to submit to such authority or act in reliance on such pretense[.]; or
5. Impersonates another person, without such other person's permission, by using the other person's electronic signature with intent to obtain a benefit or injure or defraud the other person or another person. For the purposes of this subdivision, electronic signature shall have the same meaning as set forth in subdivision three of section three hundred two of the state technology law.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02135-02-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to impersonating another by using another's electronic signature
Purpose or general idea of bill
This bill addresses the use of another's electronic signature without consent.
Summary of specific provisions
Section 1. Section 190.25 of the penal law is amended by adding a new 2 subdivision 5 to read as follows: 3 5. Impersonates another by using another's electronic signature with Intent to obtain a benefit or injure or defraud another. For the Purposes of this subdivision, electronic signature shall have the same Meaning as set forth in subdivision three of section three hundred two of the state technology law.
Justification
Everyday, New Yorkers use electronic signatures to sign documents that are legally binding in the same manner as a hand-written signature would. Whether it is in the line of business or for personal matters society has become dependent on electronic documents which are reviewed and transmitted via the internet. In many instances time and distance do not provide accessibility to have documents executed and returned before impending deadlines. In order to conduct business or facilitate other matters an individual may produce an electronic signature with the intention that it will be used solely for the purpose it was intended Not for use by another individual attempting to impersonate them. This bill addresses the use of electronic signatures.
Prior legislative history
None
Fiscal implications to state and local government
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.