Bill Text: CA AB1899 | 2021-2022 | Regular Session | Amended
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 22, 2022 |
Amended
IN
Assembly
March 03, 2022 |
Introduced by Assembly Member Mathis (Coauthors: Assembly Members Lackey, McCarty, Quirk-Silva, Salas, and Villapudua) |
February 09, 2022 |
LEGISLATIVE COUNSEL'S DIGEST
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.
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 538d of the Penal Code is amended to read:538d.
(a) Any person other than one who by law is given the authority of a peace officer, who willfully wears, exhibits, or uses the authorized uniform, insignia, emblem, device, label, certificate, card, or writing, of a peace officer, with the intent of fraudulently impersonating a peace officer, or of fraudulently inducing the belief thatSEC. 2.
Section 538e of the Penal Code is amended to read:538e.
(a) Any person, other than an officer or member of a fire department, who willfully wears, exhibits, or uses the authorized uniform, insignia, emblem, device, label, certificate, card, or writing of an officer or member of a fire department or a deputy state fire marshal, with the intent of fraudulently impersonating an officer or member of a fire department or the Office of the State Fire Marshal, or of fraudulently inducing the belief thatSEC. 3.
Section 538f of the Penal Code is amended to read:538f.
Any person, other than an employee of a public utility or district as defined in Sections 216 and 11503 of the Public Utilities Code, respectively, who willfully presentsSEC. 4.
Section 538g of the Penal Code is amended to read:538g.
(a) Any person, other than a state, county, city, special district, or city and county officer or employee, who willfully wears, exhibits, or uses the authorized badge, photographic identification card, or insignia of a state, county, city, special district, or city and county officer or employee, with the intent of fraudulently personating a state, county, city, special district, or city and county officer or employee, or of fraudulently inducing the belief thatSEC. 5.
Section 538h of the Penal Code is amended to read:538h.
(a) Any person, other than an officer or member of a government agency managed or affiliated search and rescue unit or team, who willfully wears, exhibits, or uses the authorized uniform, insignia, emblem, device, label, certificate, card, or writing of an officer or member of a government agency managed or affiliated search and rescue unit or team, with the intent of fraudulently impersonating an officer or member of a government agency managed or affiliated search and rescue unit or team, or of fraudulently inducing the belief that(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 (e).
(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.
(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.
(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.
(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.
(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.
(g)This section shall not preclude prosecution under any other law.