Senate Bill S5530

2013-2014 Legislative Session

Enacts the "catfish e-personation protection act" to establish the class D felony of false pretense

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-S5530 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §190.22, Pen L

2013-S5530 (ACTIVE) - Summary

Enacts the "catfish e-personation protection act" to establish the class D felony of false pretense for knowingly impersonating another person through or on an internet web site for the purposes of harming, threatening, intimidating or defrauding such other person.

2013-S5530 (ACTIVE) - Sponsor Memo

2013-S5530 (ACTIVE) - Bill Text download pdf 

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

                                  5530

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  BALL  --  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 establishing  the  offense
  of false pretense

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "catfish e-personation protection act of 2013".
  S  2.  The penal law is amended by adding a new section 190.22 to read
as follows:
S 190.22 FALSE PRETENSE.
  1. A PERSON IS GUILTY OF FALSE PRETENSE, WHEN HE OR SHE KNOWINGLY  AND
WITHOUT  CONSENT  IMPERSONATES  ANOTHER PERSON THROUGH OR ON AN INTERNET
WEBSITE OR BY OTHER ELECTRONIC MEANS FOR THE PURPOSES OF HARMING, INTIM-
IDATING, THREATENING OR DEFRAUDING SUCH OTHER PERSON.
  2. FOR THE PURPOSES OF THIS SECTION:
  (A) 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.
  (B) "ELECTRONIC MEANS"  SHALL  INCLUDE  THE  ACCESSING  OF  AN  E-MAIL
ACCOUNT,  OR  AN  ACCOUNT  OR  PROFILE  ON  A SOCIAL NETWORKING INTERNET
WEBSITE IN ANOTHER PERSON'S NAME.
  FALSE PRETENSE IS A CLASS 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.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11019-01-3

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