S T A T E   O F   N E W   Y O R K
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                                   37

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by Sen. FUSCHILLO -- 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 increasing the penalties
  for criminal impersonation in the first and second degrees

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 190.25 of the penal law, the section heading, the
opening paragraph, subdivision 3 and the closing paragraph as amended by
chapter 27 of the laws of 1980, subdivision 4 as added by chapter 304 of
the laws of 2008, is amended to read as follows:
S 190.25 Criminal impersonation in the second degree.
  A person is guilty of criminal impersonation in the second degree when
he OR SHE:
  1. Impersonates another and does an act in such assumed character with
intent to obtain a benefit or to injure or defraud another; or
  2. Pretends to be a representative of some person or organization  and
does  an  act in such pretended capacity with intent to obtain a benefit
or to injure or defraud another; or
  3. (a) Pretends to be a public servant, or wears or  displays  without
authority  any  uniform,  badge,  insignia or facsimile thereof by which
such public servant is lawfully distinguished, or falsely  expresses  by
his  OR  HER  words  or actions that he OR SHE is a public servant or is
acting with approval or authority of a public agency or department;  and
(b)  so  acts  with intent to induce another to submit to such pretended
official authority, to solicit funds or to otherwise  cause  another  to
act in reliance upon that pretense.
  4.  Impersonates another by communication by internet website or elec-
tronic means with intent to obtain a benefit or injure or defraud anoth-
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.
                                                           LBD00919-01-9
              

S. 37                               2

induce another to submit to such authority or act in  reliance  on  such
pretense.
  Criminal impersonation in the second degree is a class [A misdemeanor]
E FELONY.
  S  2.  Section 190.26 of the penal law, as amended by chapter 2 of the
laws of 1998, subdivision 1 as amended by chapter 434  of  the  laws  of
2008, is amended to read as follows:
S 190.26 Criminal impersonation in the first degree.
  A  person is guilty of criminal impersonation in the first degree when
he OR SHE:
  1. Pretends to be a police officer or a federal law enforcement  offi-
cer  as  enumerated  in  section  2.15 of the criminal procedure law, or
wears or displays without authority, any uniform, badge or other  insig-
nia  or  facsimile  thereof, by which such police officer or federal law
enforcement officer is lawfully distinguished or expresses by his or her
words or actions that he or she is acting with the approval or authority
of any police department or acting as a federal law enforcement  officer
with  the  approval  of  any agency that employs federal law enforcement
officers as enumerated in section 2.15 of the  criminal  procedure  law;
and
  2.  So  acts with intent to induce another to submit to such pretended
official authority or otherwise to act in reliance  upon  said  pretense
and in the course of such pretense commits or attempts to commit a felo-
ny; or
  3.  Pretending to be a duly licensed physician or other person author-
ized to issue a prescription for any drug or any  instrument  or  device
used in the taking or administering of drugs for which a prescription is
required by law, communicates to a pharmacist an oral prescription which
is  required  to  be reduced to writing pursuant to section thirty-three
hundred thirty-two of the public health law.
  Criminal impersonation in the first degree is a class [E] D felony.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.