S T A T E   O F   N E W   Y O R K
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                                  1637

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 11, 2011
                               ___________

Introduced  by M. of A. DINOWITZ, MAYERSOHN, GALEF, CYMBROWITZ, SWEENEY,
  SCARBOROUGH, MILLMAN -- Multi-Sponsored by -- M. of A. PAULIN --  read
  once and referred to the Committee on Codes

AN  ACT  to  amend  the penal law, in relation to expanding the crime of
  criminal impersonation

  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, open-
ing  paragraph,  subdivision  3  and the closing paragraph as amended by
chapter 27 of the laws of 1980 and 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[.]; OR
  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.
                                                           LBD04478-01-1

              

A. 1637                             2

induce another to submit to such authority or act in  reliance  on  such
pretense[.]; OR
  5.  (A)  PRETENDS TO BE EMPLOYED BY ANOTHER AND IN FURTHERANCE THEREOF
WEARS OR DISPLAYS WITHOUT AUTHORITY A  UNIFORM,  INSIGNIA  OR  FACSIMILE
THEREOF  BY  WHICH  SUCH  EMPLOYEE  MAY  BE  DISTINGUISHED,  OR  FALSELY
EXPRESSES BY HIS OR HER WORDS OR ACTIONS THAT HE OR SHE IS  AN  EMPLOYEE
OF SUCH EMPLOYER OR IS ACTING WITH APPROVAL OR AUTHORITY OF SUCH EMPLOY-
ER;  AND  (B) SO ACTS WITH THE INTENT TO INDUCE ANOTHER TO PERMIT HIM OR
HER TO ENTER OR REMAIN IN A DWELLING. FOR PURPOSES OF THIS  SUBDIVISION,
"DWELLING"  SHALL  HAVE  THE  SAME  MEANING  AS  IN SUBDIVISION THREE OF
SECTION 140.00 OF THIS PART.
  Criminal impersonation in the second degree is a class A misdemeanor.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.