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Assembly Bill A1420

2009-2010 Legislative Session

Establishes the crime of obtaining identity by electronic fraud

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Archive: Last Bill Status - In Assembly Committee

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2009-A1420 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Ren §190.84 to be §190.87, add §190.84, Pen L

2009-A1420 (ACTIVE) - Summary

Establishes the crime of obtaining identity by electronic fraud when a person knowingly and willingly solicits, requests or takes any action by means of a fraudulent electronic communication with the intent to obtain the personal identifying information of another.

2009-A1420 (ACTIVE) - Bill Text download pdf 

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

                                  1420

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. WRIGHT, ENGLEBRIGHT -- read once and referred to
  the Committee on Codes

AN ACT to amend the penal law, in  relation  to  obtaining  identity  by
  electronic fraud

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

  Section 1. Section 190.84 of  the  penal  law  is  renumbered  section
190.87 and a new section 190.84 is added to read as follows:
S 190.84 OBTAINING IDENTITY BY ELECTRONIC FRAUD.
  A  PERSON  IS GUILTY OF OBTAINING IDENTITY BY ELECTRONIC FRAUD WHEN HE
OR SHE KNOWINGLY AND WILLFULLY SOLICITS, REQUESTS OR TAKES ANY ACTION BY
MEANS OF A FRAUDULENT ELECTRONIC COMMUNICATION WITH THE INTENT TO OBTAIN
THE PERSONAL IDENTIFYING INFORMATION OF ANOTHER.
  AS USED IN THIS SECTION "FRAUDULENT ELECTRONIC COMMUNICATION" MEANS  A
COMMUNICATION  BY  A PERSON THAT IS AN ELECTRONIC MAIL MESSAGE, WEB SITE
OR ANY OTHER USE OF THE INTERNET THAT CONTAINS FRAUDULENT, FALSE, FICTI-
TIOUS OR MISLEADING INFORMATION THAT DEPICTS OR INCLUDES THE NAME, LOGO,
WEB SITE ADDRESS, EMAIL ADDRESS, POSTAL ADDRESS, TELEPHONE NUMBER OR ANY
OTHER IDENTIFYING INFORMATION OF A BUSINESS, ORGANIZATION OR STATE AGEN-
CY, TO WHICH THE PERSON HAS NO LEGITIMATE CLAIM OF RIGHT.
  OBTAINING IDENTITY BY ELECTRONIC FRAUD IS A CLASS D FELONY.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00193-01-9

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