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
