Assembly Bill A4800

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4800
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2023
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the penal law, in relation to increasing  the  penalties
   for criminal impersonation in the first and second degrees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 190.25 of the penal law, the section  heading,  the
 opening paragraph, and the closing paragraph as amended by chapter 27 of
 the  laws  of 1980, subdivisions 3 and 4 as amended and subdivision 5 as
 added by chapter 739 of the laws of 2021, is amended to read as follows:
 § 190.25 Criminal impersonation in the second degree.
   A person is guilty of criminal impersonation in the second degree when
 he OR SHE:
   1. Impersonates another and does an act in such assumed character with
 intent to obtain a benefit or to injure or defraud another; or
   2. Pretends to be a representative of some person or organization  and
 does  an  act in such pretended capacity with intent to obtain a benefit
 or to injure or defraud another; or
   3. (a) Pretends to be a public servant, or wears or  displays  without
 authority  any  uniform,  badge,  insignia or facsimile thereof by which
 such public servant is lawfully distinguished, or falsely  expresses  by
 his  OR  HER  words  or actions that he OR SHE is a public servant or is
 acting with approval or authority of a public agency or department;  and
 (b)  so  acts  with intent to induce another to submit to such pretended
 official authority, to solicit funds or to otherwise  cause  another  to
 act in reliance upon that pretense; or
   4.  Impersonates another by communication by internet website or elec-
 tronic means with intent to obtain a benefit or injure or defraud anoth-
 er, or by such communication pretends to be a public servant in order to
 induce another to submit to such authority or act in  reliance  on  such
 pretense; or

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09468-01-3
              

 A. 4800                             2
 
   5.  Impersonates  another  person, without such other person's permis-
 sion, by using the other person's electronic signature  with  intent  to
 obtain  a  benefit  or  injure  or  defraud  the other person or another
 person. For the purposes of this subdivision, electronic signature shall
 have the same meaning as set forth in subdivision three of section three
 hundred two of the state technology law.
   Criminal impersonation in the second degree is a class [A misdemeanor]
 E FELONY.
   §  2.  Section 190.26 of the penal law, as amended by chapter 2 of the
 laws of 1998, subdivision 1 as amended by chapter 434  of  the  laws  of
 2008, is amended to read as follows:
 § 190.26 Criminal impersonation in the first degree.
   A  person is guilty of criminal impersonation in the first degree when
 he OR SHE:
   1. Pretends to be a police officer or a federal law enforcement  offi-
 cer  as  enumerated  in  section  2.15 of the criminal procedure law, or
 wears or displays without authority, any uniform, badge or other  insig-
 nia  or  facsimile  thereof, by which such police officer or federal law
 enforcement officer is lawfully distinguished or expresses by his or her
 words or actions that he or she is acting with the approval or authority
 of any police department or acting as a federal law enforcement  officer
 with  the  approval  of  any agency that employs federal law enforcement
 officers as enumerated in section 2.15 of the  criminal  procedure  law;
 and
   2.  So  acts with intent to induce another to submit to such pretended
 official authority or otherwise to act in reliance  upon  said  pretense
 and in the course of such pretense commits or attempts to commit a felo-
 ny; or
   3.  Pretending to be a duly licensed physician or other person author-
 ized to issue a prescription for any drug or any  instrument  or  device
 used in the taking or administering of drugs for which a prescription is
 required by law, communicates to a pharmacist an oral prescription which
 is  required  to  be reduced to writing pursuant to section thirty-three
 hundred thirty-two of the public health law.
   Criminal impersonation in the first degree is a class [E] 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.