assembly Bill A953

2013-2014 Legislative Session

Enacts the digital impersonation prevention act

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jan 09, 2013 referred to codes

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Multi-Sponsors

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A953 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยง190.87, Pen L
Versions Introduced in 2011-2012 Legislative Session:
A6238

A953 (ACTIVE) - Summary

Enacts the digital impersonation prevention act.

A953 (ACTIVE) - Bill Text download pdf

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

                                   953

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M. of A. KELLNER, JAFFEE, GRAF, MILLER, GUNTHER, WEPRIN,
  GABRYSZAK, ROBINSON, MAISEL, ZEBROWSKI -- Multi-Sponsored by -- M.  of
  A.  CROUCH,  GALEF,  GIBSON,  GOODELL,  MARKEY,  McDONOUGH,  McKEVITT,
  McLAUGHLIN, MONTESANO, RAIA -- read once and referred 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

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

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