S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5769
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2023
                                ___________
 
 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.
                                                            LBD00842-01-3