BILL NUMBER:  S5871A                  Revised 03/29/16

 TITLE OF BILL :

An act to amend the penal law, in relation to establishing the offense
of false pretense

 PURPOSE OR GENERAL IDEA OF BILL :

This bill would establish a crime of false pretense, for knowingly and
without consent impersonating another person online for the purposes
of harming, intimidating, threatening, or defrauding such other
person.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Short title. This act shall be known as the
"E-ImPersonation Prevention Act"

Section 2. The penal law is amended by adding a new section 190.22 to
establish the crime of false pretense, stating: a person is guilty of
false pretense, when he or she knowingly and without consent
impersonates another person through an Internet website for the
purposes of harming, intimidating, threatening or defrauding such
other person. An impersonation is credible if another person would
reasonably believe that the defendant was the person impersonated.
              

Electronic means of impersonation includes email accounts and social
networking profiles in another person's name. False pretense is a
class D felony.

Section 3. is the effective date of the first of November on the next
succeeding date.

 JUSTIFICATION :

Online predators, con artists, and cyber bullies are creating online
profiles and email addresses in order to victimize people. In this age
of advanced technology, twenty-four hour connectivity, and social
networking there are countless opportunities for bad actors to assume
an individual's identity to harass, intimidate, threaten, and defraud.
Victims are faced with emotional, mental, and financial damage.
Predators assume their identity to post scandalous and inflammatory
lies for friends and family of the victims as well as the general
public to see. As social media and electronic dating becomes
widespread it is increasingly easy to hurt people in this way. This
bill seeks to prevent this harm by criminalizing this heinous
behavior.

 LEGISLATIVE HISTORY :

06/09/15: REFERRED TO RULES
01/06/16: REFERRED TO CODES
03/04/16: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
03/22/16: 1ST REPORT CAL.434
03/23/16: AMENDED 5871A
03/23/16: 2ND REPORT CAL.
03/28/16: ADVANCED TO THIRD READING

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.