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

                                  2502

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2009
                               ___________

Introduced  by M. of A. PRETLOW -- Multi-Sponsored by -- M. of A. FIELDS
  -- read once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to 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 190.25 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 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.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00919-01-9
              

A. 2502                             2

  Criminal impersonation in the second degree is a class [A misdemeanor]
E FELONY.
  S  2.  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
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 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.