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
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Who cares
Headline styles
Ban Online Impersonation
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- 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 Online Impersonation
In Assembly Committee · Codes · Sponsor Linda Rosenthal
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2848
2017-2018 Regular Sessions
IN SENATE
January 17, 2017
Introduced by Sens. PARKER, HAMILTON, PERSAUD, STAVISKY -- read twice and ordered printed, and when printed to be committed 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.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to establishing the offense of false pretense
Purpose or general idea of bill
This bill would establish a crime of false pretense, for knowingly and without consent impersonating another person online for the purposes of harming, intimidating, threatening, or defrauding such other person.
Summary of specific provisions
Section 1. Short title. This act shall be known as the "E-ImPersonation Prevention Act"
Section 2. The penal law is amended by adding a new section 190.22 to establish the crime of false pretense, stating: a person is guilty of false pretense, when he or she knowingly and without consent impersonates another person through an Internet website for the purposes of harming, intimidating, threatening or defrauding such other person. An impersonation is credible if another person would reasonably believe that the defendant was the person impersonated. Electronic means of impersonation includes email accounts and social networking profiles in another person's name. False pretense is a class D felony.
Section 3. is the effective date of the first of November on the next succeeding date.
Justification
Online predators, con artists, and cyber bullies are creating online profiles and email addresses in order to victimize people. In this age of advanced technology, twenty-four hour connectivity, and social networking there are countless opportunities for bad actors to assume an individual's identity to harass, intimidate, threaten, and defraud. Victims are faced with emotional, mental, and financial damage. Predators assume their identity to post scandalous and inflammatory lies for friends and family of the victims as well as the general public to see. As social media and electronic dating becomes widespread it is increasingly easy to hurt people in this way. This bill seeks to prevent this harm by criminalizing this heinous behavior.
Legislative history
06/17/16: REFERRED TO RULES 06/09/15: REFERRED TO RULES 01/06/16: REFERRED TO CODES 03/04/16: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED 03/22/16: 1ST REPORT CAL.434 03/23/16: AMENDED 5871A 03/23/16: 2ND REPORT CAL. 03/28/16: ADVANCED TO THIRD READING
Fiscal implications
None.
Local fiscal implications
None.
Effective date
This act shall take effect on the first of November.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.