Bill Text: NY S01199 | 2017-2018 | General Assembly | Amended


Bill Title: Relates to impersonating another by using another's electronic signature; makes it a class A misdemeanor.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2018-06-04 - referred to codes [S01199 Detail]

Download: New_York-2017-S01199-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         1199--A
            Cal. No. 653
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 6, 2017
                                       ___________
        Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes -- reported  favora-
          bly  from  said committee, ordered to first and second report, ordered
          to a third reading, amended and ordered reprinted, retaining its place
          in the order of third reading
        AN ACT to amend the penal law, in relation to impersonating  another  by
          using another's electronic signature
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivisions 3 and 4 of section 190.25 of  the  penal  law,
     2  subdivision  3 as amended by chapter 27 of the laws of 1980 and subdivi-
     3  sion 4 as added by chapter 304 of the laws of 2008, are  amended  and  a
     4  new subdivision 5 is added to read as follows:
     5    3.  (a)  Pretends to be a public servant, or wears or displays without
     6  authority any uniform, badge, insignia or  facsimile  thereof  by  which
     7  such  public  servant is lawfully distinguished, or falsely expresses by
     8  his words or actions that he is a  public  servant  or  is  acting  with
     9  approval  or authority of a public agency or department; and (b) so acts
    10  with intent to induce another  to  submit  to  such  pretended  official
    11  authority,  to  solicit  funds  or  to otherwise cause another to act in
    12  reliance upon that pretense[.]; or
    13    4. Impersonates another by communication by internet website or  elec-
    14  tronic means with intent to obtain a benefit or injure or defraud anoth-
    15  er, or by such communication pretends to be a public servant in order to
    16  induce  another  to  submit to such authority or act in reliance on such
    17  pretense[.]; or
    18    5. Impersonates another person, without such  other  person's  permis-
    19  sion,  by  using  the other person's electronic signature with intent to
    20  obtain a benefit or injure  or  defraud  the  other  person  or  another
    21  person.    For  the  purposes  of this subdivision, electronic signature
    22  shall have the same meaning as set forth in subdivision three of section
    23  three hundred two of the state technology law.
    24    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02135-02-7
feedback