S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5322
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2021
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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 criminal impersonation  of
   a disabled veteran vendor
 
   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 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:
 § 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
 induce  another  to  submit to such authority or act in reliance on such
 pretense[.]; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06902-01-1

 S. 5322                             2
 
   5. PRETENDS TO BE A DISABLED VETERAN VENDOR, OR CARRIES  OR  POSSESSES
 WITHOUT  AUTHORITY OF THE OFFICIAL DESIGNATED TO ISSUE SPECIALIZED VEND-
 ING LICENSES UNDER THE PROVISIONS OF SECTION THIRTY-FIVE-A OF THE GENER-
 AL BUSINESS LAW ANY FORM OF  INSIGNIA  OR  IDENTIFICATION  OR  FACSIMILE
 THEREOF,  OR FALSELY EXPRESSES BY HIS OR HER WORDS OR ACTIONS THAT HE OR
 SHE IS A DISABLED VETERAN VENDOR WITH INTENT TO OBTAIN A BENEFIT  OR  TO
 INJURE OR DEFRAUD ANOTHER.
   Criminal impersonation in the second degree is a class A misdemeanor.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.