Adds impersonation of board of elections members or other election officers, or an employee thereof, to the crime of criminal impersonation in the first degree.
STATE OF NEW YORK
________________________________________________________________________
1874
2025-2026 Regular Sessions
IN SENATE
January 14, 2025
___________
Introduced by Sen. WALCZYK -- 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 the crime of criminal
impersonation in the first degree
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 190.26 of the penal law, as amended by chapter 2 of
2 the laws of 1998 and subdivision 1 as amended by chapter 434 of the laws
3 of 2008, is amended to read as follows:
4 § 190.26 Criminal impersonation in the first degree.
5 A person is guilty of criminal impersonation in the first degree when
6 [he] such person:
7 1. (a) Pretends to be a police officer or a federal law enforcement
8 officer as enumerated in section 2.15 of the criminal procedure law, or
9 wears or displays without authority, any uniform, badge or other insig-
10 nia or facsimile thereof, by which such police officer or federal law
11 enforcement officer is lawfully distinguished or expresses by [his or
12 her] such person's words or actions that [he or she] such person is
13 acting with the approval or authority of any police department or acting
14 as a federal law enforcement officer with the approval of any agency
15 that employs federal law enforcement officers as enumerated in section
16 2.15 of the criminal procedure law; and
17 [2.] (b) So acts with intent to induce another to submit to such
18 pretended official authority or otherwise to act in reliance upon said
19 pretense and in the course of such pretense commits or attempts to
20 commit a felony; or
21 2. (a) Pretends to be a member of a board of elections or an election
22 officer, as such terms are defined by section 1-104 of the election law,
23 or an employee thereof; and
24 (b) So acts with intent to cause another to act in reliance upon such
25 pretense; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05502-01-5
S. 1874 2
1 3. Pretending to be a duly licensed physician or other person author-
2 ized to issue a prescription for any drug or any instrument or device
3 used in the taking or administering of drugs for which a prescription is
4 required by law, communicates to a pharmacist an oral prescription which
5 is required to be reduced to writing pursuant to section thirty-three
6 hundred thirty-two of the public health law.
7 Criminal impersonation in the first degree is a class E felony.
8 § 2. This act shall take effect on the first of November next succeed-
9 ing the date on which it shall have become a law.
