Bill Text: NY A02752 | 2011-2012 | General Assembly | Introduced

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Bill Title: Increases the penalties for criminal impersonation in the first degree from a class E felony to a class D felony; increases the penalty for criminal impersonation in the second degree from a class A misdemeanor to a class E felony.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to codes [A02752 Detail]

Download: New_York-2011-A02752-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2752
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 20, 2011
                                      ___________
       Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
         tee on Codes
       AN ACT to amend the penal law, in relation to increasing  the  penalties
         for criminal impersonation in the first and second degrees
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Section 190.25 of the penal law, the section heading,  the
    2  opening paragraph, subdivision 3 and the closing paragraph as amended by
    3  chapter 27 of the laws of 1980, subdivision 4 as added by chapter 304 of
    4  the laws of 2008, is amended to read as follows:
    5  S 190.25 Criminal impersonation in the second degree.
    6    A person is guilty of criminal impersonation in the second degree when
    7  he OR SHE:
    8    1. Impersonates another and does an act in such assumed character with
    9  intent to obtain a benefit or to injure or defraud another; or
   10    2.  Pretends to be a representative of some person or organization and
   11  does an act in such pretended capacity with intent to obtain  a  benefit
   12  or to injure or defraud another; or
   13    3.  (a)  Pretends to be a public servant, or wears or displays without
   14  authority any uniform, badge, insignia or  facsimile  thereof  by  which
   15  such  public  servant is lawfully distinguished, or falsely expresses by
   16  his OR HER words or actions that he OR SHE is a  public  servant  or  is
   17  acting  with approval or authority of a public agency or department; and
   18  (b) so acts with intent to induce another to submit  to  such  pretended
   19  official  authority,  to  solicit funds or to otherwise cause another to
   20  act in reliance upon that pretense.
   21    4. Impersonates another by communication by internet website or  elec-
   22  tronic means with intent to obtain a benefit or injure or defraud anoth-
   23  er, or by such communication pretends to be a public servant in order to
   24  induce  another  to  submit to such authority or act in reliance on such
   25  pretense.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00475-01-1
       A. 2752                             2
    1    Criminal impersonation in the second degree is a class [A misdemeanor]
    2  E FELONY.
    3    S  2.  Section 190.26 of the penal law, as amended by chapter 2 of the
    4  laws of 1998, subdivision 1 as amended by chapter 434  of  the  laws  of
    5  2008, is amended to read as follows:
    6  S 190.26 Criminal impersonation in the first degree.
    7    A  person is guilty of criminal impersonation in the first degree when
    8  he OR SHE:
    9    1. Pretends to be a police officer or a federal law enforcement  offi-
   10  cer  as  enumerated  in  section  2.15 of the criminal procedure law, or
   11  wears or displays without authority, any uniform, badge or other  insig-
   12  nia  or  facsimile  thereof, by which such police officer or federal law
   13  enforcement officer is lawfully distinguished or expresses by his or her
   14  words or actions that he or she is acting with the approval or authority
   15  of any police department or acting as a federal law enforcement  officer
   16  with  the  approval  of  any agency that employs federal law enforcement
   17  officers as enumerated in section 2.15 of the  criminal  procedure  law;
   18  and
   19    2.  So  acts with intent to induce another to submit to such pretended
   20  official authority or otherwise to act in reliance  upon  said  pretense
   21  and in the course of such pretense commits or attempts to commit a felo-
   22  ny; or
   23    3.  Pretending to be a duly licensed physician or other person author-
   24  ized to issue a prescription for any drug or any  instrument  or  device
   25  used in the taking or administering of drugs for which a prescription is
   26  required by law, communicates to a pharmacist an oral prescription which
   27  is  required  to  be reduced to writing pursuant to section thirty-three
   28  hundred thirty-two of the public health law.
   29    Criminal impersonation in the first degree is a class [E] D felony.
   30    S 3. This act shall take effect on the first of November next succeed-
   31  ing the date on which it shall have become a law.