Bill Text: NY S05871 | 2015-2016 | General Assembly | Amended

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Bill Title: Relates to establishing the offense of false pretense.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2016-06-17 - COMMITTED TO RULES [S05871 Detail]

Download: New_York-2015-S05871-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         5871--A
            Cal. No. 434
                               2015-2016 Regular Sessions
                    IN SENATE
                                      June 9, 2015
                                       ___________
        Introduced  by  Sens.  PARKER, HAMILTON, PERSAUD, STAVISKY -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Rules -- recommitted to the Committee on Codes in  accordance  with
          Senate  Rule  6,  sec.  8  --  reported favorably from said committee,
          ordered to first report, amended on first report, ordered to a  second
          report  and  ordered  reprinted,  retaining  its place in the order of
          second report
        AN ACT to amend the penal law, in relation to establishing  the  offense
          of false pretense
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "e-impersonation prevention act".
     3    §  2.  The penal law is amended by adding a new section 190.22 to read
     4  as follows:
     5  § 190.22 False pretense.
     6    1. A person is guilty of false pretense, when he or she knowingly  and
     7  without  consent  impersonates  another person through or on an internet
     8  website or by other electronic means for the purposes of harming, intim-
     9  idating, threatening or defrauding such other person.
    10    2. For the purposes of this section:
    11    (a) An impersonation is credible if another  person  would  reasonably
    12  believe  or  did  reasonably  believe  that  the defendant was or is the
    13  person who was impersonated.
    14    (b) "Electronic means"  shall  include  the  accessing  of  an  e-mail
    15  account,  or  an  account  or  profile  on  a social networking internet
    16  website in another person's name.
    17    False pretense is a class D felony.
    18    § 3. This act shall take effect on the first of November next succeed-
    19  ing the date on which it shall have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11146-02-6