S T A T E O F N E W Y O R K
________________________________________________________________________
4789
2021-2022 Regular Sessions
I N S E N A T E
February 12, 2021
___________
Introduced by Sens. PARKER, PERSAUD, SEPULVEDA, STAVISKY -- 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 "e-impersonation prevention act".
§ 2. The penal law is amended by adding a new section 190.22 to read
as follows:
§ 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.
§ 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.
LBD00656-01-1