What's happening
This bill creates the crime of "false pretense" for impersonating someone online to harm, intimidate, threaten, or defraud them.
Why it matters
Statewide felony exposure. Adds a new class D felony to New York’s Penal Law, rather than amending an existing offense.
Account access covered. The definition of electronic means expressly includes accessing an email account or a social-network account or profile in another person’s name. The offense requires knowing impersonation without consent and a specified harmful purpose.
Credibility defined. The bill defines a credible impersonation by whether someone reasonably would believe, or did believe, the defendant was the person impersonated, but does not expressly make credibility an element of the offense.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
People impersonated electronically
The proposed felony would address impersonation undertaken without their consent for the purpose of harming, intimidating, threatening or defrauding them.
Prosecutors
The bill would provide a new class D felony charge for conduct meeting its requirements.
Criminal defense attorneys
Cases would turn on knowledge, consent and purpose, while the separate credibility definition could raise questions about what prosecutors must prove.
Headline styles
Ban Online Impersonation
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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.
Make Harmful Online Impersonation Felony
In Senate Committee · Codes · Sponsor Kevin S. Parker
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
685
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. L. ROSENTHAL -- 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.
LBD03988-01-9
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.