Provides that impersonation of a disabled veteran vendor, by carrying or possessing a specialized vending license without authority or any form of insignia or by words or actions; designates such impersonation as a class A misdemeanor.
STATE OF NEW YORK
________________________________________________________________________
1125
2011-2012 Regular Sessions
IN ASSEMBLY(Prefiled)
January 5, 2011
___________
Introduced by M. of A. BING, PHEFFER, SCHROEDER, SCHIMEL, CASTRO --
Multi-Sponsored by -- M. of A. ABBATE, CLARK, CUSICK, GABRYSZAK,
GUNTHER, HIKIND, HOOPER, JAFFEE, LATIMER, LAVINE, V. LOPEZ, LUPARDO,
MAGEE, MAYERSOHN, McENENY, REILLY, SCARBOROUGH, SWEENEY, WEISENBERG --
read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to criminal impersonation of
a disabled veteran vendor
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 § 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; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00664-01-1
A. 1125 2
1 4. Impersonates another by communication by internet website or elec-
2 tronic means with intent to obtain a benefit or injure or defraud anoth-
3 er, or by such communication pretends to be a public servant in order to
4 induce another to submit to such authority or act in reliance on such
5 pretense[.]; or
6 5. Pretends to be a disabled veteran vendor, or carries or possesses
7 without authority of the official designated to issue specialized vend-
8 ing licenses under the provisions of section thirty-five-a of the gener-
9 al business law any form of insignia or identification or facsimile
10 thereof, or falsely expresses by his or her words or actions that he or
11 she is a disabled veteran vendor.
12 Criminal impersonation in the second degree is a class A misdemeanor.
13 § 2. This act shall take effect on the first of November next succeed-
14 ing the date on which it shall have become a law.
