S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5345
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2019
                                ___________
 
 Introduced  by  M. of A. ORTIZ, SEAWRIGHT -- Multi-Sponsored by -- M. of
   A. SIMON -- read once and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to impersonating  another  by
   using another's electronic signature
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 3 and 4 of section 190.25 of  the  penal  law,
 subdivision  3 as amended by chapter 27 of the laws of 1980 and subdivi-
 sion 4 as added by chapter 304 of the laws of 2008, are  amended  and  a
 new subdivision 5 is added to read as follows:
   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 words or actions that he 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
 induce  another  to  submit to such authority or act in reliance on such
 pretense[.]; OR
   5. IMPERSONATES ANOTHER PERSON, WITHOUT SUCH  OTHER  PERSON'S  PERMIS-
 SION,  BY  USING  THE OTHER PERSON'S ELECTRONIC SIGNATURE WITH INTENT TO
 OBTAIN A BENEFIT OR INJURE  OR  DEFRAUD  THE  OTHER  PERSON  OR  ANOTHER
 PERSON.    FOR  THE  PURPOSES  OF THIS SUBDIVISION, ELECTRONIC SIGNATURE
 SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION THREE OF SECTION
 THREE HUNDRED TWO OF THE STATE TECHNOLOGY LAW.
   § 2. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06971-01-9