S T A T E   O F   N E W   Y O R K
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                                  10367

                          I N  A S S E M B L Y

                             March 19, 2010
                               ___________

Introduced  by  M.  of  A.  TEDISCO  --  Multi-Sponsored  by -- M. of A.
  BACALLES, HAWLEY, KOLB, McKEVITT -- read  once  and  referred  to  the
  Committee on Codes

AN  ACT  to  amend  the penal law, in relation to creating the crimes of
  criminal impersonation in the third and fourth degrees and  increasing
  the  penalties  for  criminal  impersonation  in  the first and second
  degrees

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  190.23  of  the  penal law is renumbered section
190.22 and two new sections 190.23 and  190.24  are  added  to  read  as
follows:
S 190.23 CRIMINAL IMPERSONATION IN THE FOURTH DEGREE.
  A PERSON IS GUILTY OF CRIMINAL IMPERSONATION IN THE FOURTH DEGREE WHEN
HE OR SHE:
  1. IMPERSONATES ANOTHER AND DOES AN ACT IN SUCH ASSUMED CHARACTER WITH
INTENT TO OBTAIN A BENEFIT OF CREDIT, GOODS, MONEY, PROPERTY OR SERVICES
IN  THE  NAME  OF SUCH OTHER PERSON IN AN AGGREGATE AMOUNT THAT DOES NOT
EXCEED ONE HUNDRED DOLLARS; 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
OF CREDIT, GOODS, MONEY, PROPERTY OR SERVICES IN THE NAME OF SUCH  OTHER
PERSON IN AN AGGREGATE AMOUNT THAT DOES NOT EXCEED ONE HUNDRED DOLLARS.
  CRIMINAL IMPERSONATION IN THE FOURTH DEGREE IS A CLASS B MISDEMEANOR.
S 190.24 CRIMINAL IMPERSONATION IN THE THIRD DEGREE.
  A  PERSON IS GUILTY OF CRIMINAL IMPERSONATION IN THE THIRD DEGREE WHEN
HE OR SHE:
  1. IMPERSONATES ANOTHER AND DOES AN ACT IN SUCH ASSUMED CHARACTER WITH
INTENT TO OBTAIN A BENEFIT OF CREDIT, GOODS, MONEY, PROPERTY OR SERVICES
IN THE NAME OF SUCH OTHER PERSON IN  AN  AGGREGATE  AMOUNT  BETWEEN  ONE
HUNDRED AND FIVE HUNDRED DOLLARS; 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
OF  CREDIT, GOODS, MONEY, PROPERTY OR SERVICES IN THE NAME OF SUCH OTHER

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

                                                           LBD15884-01-0

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PERSON IN AN AGGREGATE AMOUNT  BETWEEN  ONE  HUNDRED  AND  FIVE  HUNDRED
DOLLARS.
  CRIMINAL IMPERSONATION IN THE THIRD DEGREE IS A CLASS A MISDEMEANOR.
  S 2. Section 190.25 of the penal law, the section heading, the opening
paragraph, subdivision 3 and the 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:
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 OF CREDIT, GOODS, MONEY, PROPERTY OR SERVICES
IN THE NAME OF SUCH OTHER PERSON IN AN  AGGREGATE  AMOUNT  THAT  EXCEEDS
FIVE HUNDRED DOLLARS 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
OF  CREDIT, GOODS, MONEY, PROPERTY OR SERVICES IN THE NAME OF SUCH OTHER
PERSON IN AN AGGREGATE AMOUNT THAT EXCEEDS FIVE HUNDRED  DOLLARS  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.
  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.
  Criminal impersonation in the second degree is a class [A misdemeanor]
E FELONY.
  S 3. Section 190.26 of the penal law, as amended by chapter 2  of  the
laws  of  1998,  subdivision  1 as amended by chapter 434 of the laws of
2008, is amended to read as follows:
S 190.26 Criminal impersonation in the first degree.
  A person is guilty of criminal impersonation in the first degree  when
he OR SHE:
  1.  Pretends to be a police officer or a federal law enforcement offi-
cer as enumerated in section 2.15 of  the  criminal  procedure  law,  or
wears  or displays without authority, any uniform, badge or other insig-
nia or facsimile thereof, by which such police officer  or  federal  law
enforcement officer is lawfully distinguished or expresses by his or her
words or actions that he or she is acting with the approval or authority
of  any police department or acting as a federal law enforcement officer
with the approval of any agency that  employs  federal  law  enforcement
officers  as  enumerated  in section 2.15 of the criminal procedure law;
and
  2. So acts with intent to induce another to submit to  such  pretended
official  authority  or  otherwise to act in reliance upon said pretense
and in the course of such pretense commits or attempts to commit a felo-
ny; or
  3. Pretending to be a duly licensed physician or other person  author-
ized  to  issue  a prescription for any drug or any instrument or device

A. 10367                            3

used in the taking or administering of drugs for which a prescription is
required by law, communicates to a pharmacist an oral prescription which
is required to be reduced to writing pursuant  to  section  thirty-three
hundred thirty-two of the public health law.
  Criminal impersonation in the first degree is a class [E] D felony.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.