BILL NUMBER: S4505

SPONSOR: PARKER
 
TITLE OF BILL:  An act to amend the penal law, in relation to estab-
lishing 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 imperso-
nates 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.  Preda-
tors 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 increas-
ingly easy to hurt people in this way. This bill seeks to prevent this
harm by criminalizing this heinous behavior.

 
LEGISLATIVE HISTORY:

2017-18: S 2848/ A4970 REFERRED TO CODES
06/17/16: REFERRED TO RULES
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 on the first of November.