senate Bill S5871A

2015-2016 Legislative Session

Relates to establishing the offense of false pretense

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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 (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2016 committed to rules
Mar 28, 2016 advanced to third reading
Mar 23, 2016 2nd report cal.
amended 5871a
Mar 22, 2016 1st report cal.434
Mar 04, 2016 notice of committee consideration - requested
Jan 06, 2016 referred to codes
Jun 09, 2015 referred to rules

Votes

view votes

Mar 22, 2016 - Codes committee Vote

S5871
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Co-Sponsors

S5871 (ACTIVE) - Details

See Assembly Version of this Bill:
A9843
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Add §190.22, Pen L
Versions Introduced in 2017-2018 Legislative Session:
S2848, A4970

S5871 (ACTIVE) - Summary

Relates to establishing the offense of false pretense.

S5871 (ACTIVE) - Sponsor Memo

S5871 (ACTIVE) - Bill Text download pdf

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

                                  5871

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 9, 2015
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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 "e-personation prevention act".
  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.
                                                           LBD11146-01-5

Co-Sponsors

S5871A (ACTIVE) - Details

See Assembly Version of this Bill:
A9843
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Add §190.22, Pen L
Versions Introduced in 2017-2018 Legislative Session:
S2848, A4970

S5871A (ACTIVE) - Summary

Relates to establishing the offense of false pretense.

S5871A (ACTIVE) - Sponsor Memo

S5871A (ACTIVE) - Bill Text download pdf

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

                                 5871--A
    Cal. No. 434

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 9, 2015
                               ___________

Introduced  by  Sens.  PARKER, HAMILTON, PERSAUD, STAVISKY -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Rules -- recommitted to the Committee on Codes in  accordance  with
  Senate  Rule  6,  sec.  8  --  reported favorably from said committee,
  ordered to first report, amended on first report, ordered to a  second
  report  and  ordered  reprinted,  retaining  its place in the order of
  second report

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 "e-impersonation prevention act".
  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.
                                                           LBD11146-02-6

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