senate Bill S4015A

2011-2012 Legislative Session

Enacts the digital impersonation prevention act

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Codes Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Mar 25, 2011 print number 4015a
Mar 25, 2011 amend and recommit to codes
Mar 14, 2011 referred to codes

S4015 - Details

See Assembly Version of this Bill:
A6238A
Law Section:
Penal Law
Laws Affected:
Add §190.87, Pen L

S4015 - Summary

Enacts the digital impersonation prevention act.

S4015 - Sponsor Memo

S4015 - Bill Text download pdf

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

                                  4015

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 14, 2011
                               ___________

Introduced  by  Sen.  GOLDEN -- 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  enacting  the  digital
  impersonation prevention act

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

  Section 1. This act shall be known and may be cited  as  the  "digital
impersonation prevention act".
  S  2.  The penal law is amended by adding a new section 190.87 to read
as follows:
S 190.87 DIGITAL IMPERSONATION.
  1. (A) A PERSON IS GUILTY OF DIGITAL IMPERSONATION  WHEN  HE  OR  SHE,
KNOWINGLY, WITH INTENT TO DEFRAUD AND WITHOUT CONSENT, CREDIBLY IMPERSO-
NATES  ANOTHER  ACTUAL  PERSON  THROUGH OR ON AN INTERNET WEB SITE OR BY
OTHER ELECTRONIC MEANS  FOR  PURPOSES  OF:  (I)  HARMING,  INTIMIDATING,
THREATENING  OR DEFRAUDING ANOTHER PERSON; (II) TRANSMITTING UNSOLICITED
COMMERCIAL SOLICITATIONS OR UNSOLICITED BULK MESSAGES; OR (III) COPYING,
ACCESSING, DOWNLOADING OR UTILIZING A CONTACT LIST.
  (B) FOR PURPOSES OF THIS SECTION,  AN  IMPERSONATION  IS  CREDIBLE  IF
ANOTHER PERSON WOULD REASONABLY BELIEVE, OR DID REASONABLY BELIEVE, THAT
THE DEFENDANT WAS OR IS THE PERSON WHO WAS IMPERSONATED.
  2. FOR PURPOSES OF THIS SECTION: (A) "ELECTRONIC  MEANS" SHALL INCLUDE
CREATING  OR  OPENING  AN  E-MAIL  ACCOUNT OR AN ACCOUNT OR PROFILE ON A
SOCIAL NETWORKING INTERNET WEB SITE IN ANOTHER PERSON'S NAME; OR ACCESS-
ING ANOTHER PERSON'S  PRE-EXISTING  E-MAIL  ACCOUNT  OR  AN  ACCOUNT  OR
PROFILE  ON A SOCIAL NETWORKING INTERNET WEB SITE; OR ALTERING OR CHANG-
ING THE PROPERTIES OF AN E-MAIL, OR E-MAIL HEADER, TO APPEAR  AS  THOUGH
THE  E-MAIL  ORIGINATED  FROM  A  DIFFERENT  SOURCE  WITHOUT THE EXPRESS
CONSENT FROM THE ACCOUNT HOLDER.
  (B) "CONTACT LIST" SHALL  INCLUDE  ANY  LIST  OF  THIRD-PARTY  CONTACT
NAMES,  ADDRESSES,  TELEPHONE  NUMBERS,  MOBILE PHONE NUMBERS, FACSIMILE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09358-02-1

S4015A (ACTIVE) - Details

See Assembly Version of this Bill:
A6238A
Law Section:
Penal Law
Laws Affected:
Add §190.87, Pen L

S4015A (ACTIVE) - Summary

Enacts the digital impersonation prevention act.

S4015A (ACTIVE) - Sponsor Memo

S4015A (ACTIVE) - Bill Text download pdf

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

                                 4015--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 14, 2011
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  penal  law, in relation to enacting the digital
  impersonation prevention act

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

  Section  1.  This  act shall be known and may be cited as the "digital
impersonation prevention act".
  S 2. The penal law is amended by adding a new section 190.87  to  read
as follows:
S 190.87 DIGITAL IMPERSONATION.
  1.  (A)  A  PERSON  IS GUILTY OF DIGITAL IMPERSONATION WHEN HE OR SHE,
KNOWINGLY, WITH INTENT TO DEFRAUD AND WITHOUT CONSENT, CREDIBLY IMPERSO-
NATES ANOTHER ACTUAL PERSON THROUGH OR ON AN INTERNET  WEB  SITE  OR  BY
OTHER  ELECTRONIC  MEANS  FOR  PURPOSES  OF:  (I) HARMING, INTIMIDATING,
THREATENING OR DEFRAUDING ANOTHER PERSON; (II) TRANSMITTING  UNSOLICITED
COMMERCIAL SOLICITATIONS OR UNSOLICITED BULK MESSAGES; OR (III) COPYING,
ACCESSING, DOWNLOADING OR UTILIZING A CONTACT LIST.
  (B)  FOR  PURPOSES  OF  THIS  SECTION, AN IMPERSONATION IS CREDIBLE IF
ANOTHER PERSON WOULD REASONABLY BELIEVE, OR DID REASONABLY BELIEVE, THAT
THE DEFENDANT WAS OR IS THE PERSON WHO WAS IMPERSONATED.
  2. FOR PURPOSES OF THIS SECTION: (A) "ELECTRONIC  MEANS" SHALL INCLUDE
CREATING OR OPENING AN E-MAIL ACCOUNT OR AN  ACCOUNT  OR  PROFILE  ON  A
SOCIAL NETWORKING INTERNET WEB SITE IN ANOTHER PERSON'S NAME; OR ACCESS-
ING  ANOTHER  PERSON'S  PRE-EXISTING  E-MAIL  ACCOUNT  OR  AN ACCOUNT OR
PROFILE ON A SOCIAL NETWORKING INTERNET WEB SITE; OR ALTERING OR  CHANG-
ING  THE  PROPERTIES OF AN E-MAIL, OR E-MAIL HEADER, TO APPEAR AS THOUGH
THE E-MAIL ORIGINATED  FROM  A  DIFFERENT  SOURCE  WITHOUT  THE  EXPRESS
CONSENT FROM THE ACCOUNT HOLDER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09358-04-1

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