Bill Text: NY S01426 | 2009-2010 | General Assembly | Introduced

New York Senate Bill 1426 (Prior Session Legislation)

Introduced

Bill Title: Relates to criminal impersonation; provides that criminal impersonation shall include when any person or entity being deceived believes such impersonation or act is real.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CODES [S01426 Detail]

Download: New_York-2009-S01426-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1426
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   February 2, 2009
                                      ___________
       Introduced  by  Sens.  DILAN,  ADAMS,  DIAZ, HUNTLEY, C. JOHNSON, KLEIN,
         ONORATO, PERKINS, SAMPSON -- read twice and ordered printed, and  when
         printed to be committed to the Committee on Codes
       AN ACT to amend the penal law, in relation to criminal impersonation
         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, open-
    2  ing paragraph, subdivision 3 and closing paragraph as amended by chapter
    3  27 of the laws of 1980, subdivision 4 as added by  chapter  304  of  the
    4  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 THE PERSON
   10  OR ENTITY BEING DECEIVED BELIEVES SUCH IMPERSONATION OR ACT IS REAL; or
   11    2.  Pretends to be a representative of some person or organization and
   12  does an act in such pretended capacity with intent to obtain  a  benefit
   13  or to injure or defraud another; or
   14    3.  (a)  Pretends to be a public servant, or wears or displays without
   15  authority any uniform, badge, insignia or  facsimile  thereof  by  which
   16  such  public  servant is lawfully distinguished, or falsely expresses by
   17  his OR HER words or actions that he OR SHE is a  public  servant  or  is
   18  acting  with approval or authority of a public agency or department; and
   19  (b) so acts with intent to induce another to submit  to  such  pretended
   20  official  authority,  to  solicit funds or to otherwise cause another to
   21  act in reliance upon that pretense[.]; OR
   22    4. Impersonates another by communication by internet website or  elec-
   23  tronic means with intent to obtain a benefit or injure or defraud anoth-
   24  er, or by such communication pretends to be a public servant in order to
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05097-01-9
       S. 1426                             2
    1  induce  another  to  submit to such authority or act in reliance on such
    2  pretense.
    3    5. INJURES A PERSON OR ENTITY BEING IMPERSONATED.
    4    Criminal impersonation in the second degree is a class A misdemeanor.
    5    S 2. This act shall take effect on the first of November next succeed-
    6  ing the date on which it shall have become a law.