Bill Text: CA SB1411 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Impersonation: Internet.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-09-27 - Chaptered by Secretary of State. Chapter 335, Statutes of 2010. [SB1411 Detail]

Download: California-2009-SB1411-Amended.html

---

BILL NUMBER: SB 1411	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 28, 2010
	AMENDED IN SENATE  MARCH 25, 2010

INTRODUCED BY   Senator Simitian

                        FEBRUARY 19, 2010

   An act to add Section 528.5 to the Penal Code, relating to
impersonation.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1411, as amended, Simitian. Impersonation: Internet.
   Existing law makes it a crime to falsely impersonate another in
either his or her private or official capacity, as specified.
Existing law also makes it a crime to knowingly access and, without
permission, alter, damage, delete, destroy, or otherwise use any
data, computer, computer system, or computer network in order to
devise or execute any scheme or artifice to defraud, deceive, or
extort, or wrongfully control or obtain money, property, or data. For
a violation thereof, in addition to specified criminal penalties,
existing law authorizes an aggrieved party to bring a civil action
against the violator, as specified.
   This bill would  make the knowing impersonation of any
other   provide that any person who knowingly and
without consent credibly impersonates   another  person
through or on an Internet Web site or by other electronic means, as
 defined   specified  , for purposes of
 injuring, defrauding, or, in bad faith, deceiving another
person, or of obtaining a benefit in bad faith,  
harming, intimidating, threatening, or defrauding another person is
guilty of  a misdemeanor. The bill would, in addition to the
specified criminal penalties, authorize  an aggrieved party
  a person who suffers damage or loss  to bring a
civil action against any person who violates that provision, as
specified. Because the bill would create a new crime, the 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 528.5 is added to the Penal Code, to read:

   528.5.  (a) Any person who knowingly impersonates, in any manner,
or pretends to be any other person through or on an Internet Web site
or by other electronic means for any of the following purposes is
guilty of a public offense punishable pursuant to subdivision (c):
   (1) To injure, defraud, or, in bad faith, deceive another person.
   (2) To obtain a benefit in bad faith. 
    528.5.    (a) Any person who knowingly and without
consent credibly impersonates another person through or on an
Internet Web site 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 (d).
 
   (b) 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. 

   (b) 
    (c)  For purposes of this section, "electronic means"
shall include opening an e-mail account or an account or profile on a
social networking Internet Web site in another person's name.

   (c) 
    (d)  A violation of subdivision (a) is punishable by a
fine not exceeding  ten thousand dollars ($10,000) 
 one thousand dollars ($1,000)  , or by imprisonment in a
county jail not exceeding one year, or by both that fine and
imprisonment. 
   (d) 
    (e) In addition to any other civil remedy available,
 an aggrieved party   a person  who suffers
damage or loss by reason of  a  violation of subdivision
(a) 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.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.