ADAMS, DIAZ, HUNTLEY, JOHNSON C, KLEIN, ONORATO, PERKINS, SAMPSON
MLTSPNSR
Amd S190.25, Pen L
Relates to criminal impersonation; provides that criminal impersonation shall include when any person or entity being deceived believes such impersonation or act is real.
STATE OF NEW YORK
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1426
2009-2010 Regular Sessions
IN SENATE
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 § 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 § 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.
