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

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

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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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5871
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     June 9, 2015
                                      ___________
       Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       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-personation prevention act".
    3    S  2.  The penal law is amended by adding a new section 190.22 to read
    4  as follows:
    5  S 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    S 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.
                                                                  LBD11146-01-5