Bill Text: CA AB1899 | 2021-2022 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Crimes: false personation.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Passed) 2022-09-30 - Chaptered by Secretary of State - Chapter 954, Statutes of 2022. [AB1899 Detail]
Download: California-2021-AB1899-Amended.html
(d). (e).
Bill Title: Crimes: false personation.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Passed) 2022-09-30 - Chaptered by Secretary of State - Chapter 954, Statutes of 2022. [AB1899 Detail]
Download: California-2021-AB1899-Amended.html
|
Amended
IN
Assembly
March 03, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 1899
| Introduced by Assembly Member Mathis (Coauthors: Assembly Members Lackey, McCarty, Quirk-Silva, Salas, and Villapudua) |
February 09, 2022 |
An act to amend Section 528.5 of the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 1899, as amended, Mathis.
Crimes: false personation.
Existing law prohibits credibly impersonating another person on an internet website, or by other electronic means, as defined, for the purpose of harming, intimidating, threatening, or defrauding another person. A violation of this prohibition is punishable as a misdemeanor.
This bill would extend this offense to include impersonation through means of an electronic communication device, as defined, including a cellular telephone or device.
This bill would also extend the offense to include the impersonation of a peace officer, firefighter, or employee of a public utility, state or local government agency, or search and rescue team, as specified.
By
expanding the application of an existing crime, this bill would impose a state-mandated local program
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 528.5 of the Penal Code is amended to read:528.5.
(a) Notwithstanding any other provision of law, any person who knowingly and without consent credibly impersonates another actual person through or on an internet website, through an electronic communication device, or by other electronic means for purposes of harming, intimidating, threatening, or defrauding another person is guilty of a public offense punishable pursuant to subdivision(b) Notwithstanding any other provision of law, any
person who knowingly and without consent credibly impersonates any of the following persons through or on an internet website, through an electronic communication device, or by other electronic means for purposes of harming, intimidating, threatening, or defrauding another person is guilty of a public offense punishable pursuant to subdivision (e):
(1) Any peace officer, as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2) Any officer or member of a fire department, or any deputy state fire marshal.
(3) Any employee of a public utility or district, as defined in Sections 216 and 11503 of the Public Utilities Code.
(4) Any officer or employee of any state department or agency, or of any county, city, city and county, or
special district.
(5) Any officer or member of a government agency managed or affiliated search and rescue unit or team.
(b)
(c) For purposes of this section, 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.
(c)
(d) For purposes of this section, the following terms have the following meanings:
(1) Electronic communication device has the same meaning as defined in Section 653.2.
(2) “Electronic means” includes opening an email account or an account or profile on a social networking
internet website in another person’s name.
(d)
(e) A violation of subdivision (a) or (b) is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.
(e)
(f) In addition to any other civil remedy available, a person who suffers damage or loss by reason of a violation of subdivision (a) or (b) may bring a civil action against the violator for compensatory damages and injunctive relief or other equitable relief pursuant to paragraphs (1), (2), (4), and (5) of subdivision (e) and subdivision (g) of Section 502.
(f)
(g) This section shall not preclude prosecution under any other law.
