New York S 3990: Relates to desecration of property commemorating a historical figure

Bill Text

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S03990 Summary:

BILL NOS03990A

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SAME ASNo Same As

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SPONSORPARKER

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COSPNSRPERSAUD, SEPULVEDA, STAVISKY

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MLTSPNSR

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Add §190.22, Pen L; add §79-r, Civ Rts L

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Relates to establishing the offense of false pretense; provides civil remedies for the victims of such crime.

Go to top S03990 Actions:

BILL NOS03990A

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01/31/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

06/15/2026AMEND (T) AND RECOMMIT TO CODES

06/15/2026PRINT NUMBER 3990A

Go to topS03990 Committee&nbspVotes:

Go to topS03990 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03990 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3990--A

 2025-2026 Regular Sessions

 IN SENATE

 January 31, 2025
 ___________

 Introduced by Sens. PARKER, PERSAUD, SEPULVEDA, STAVISKY -- read twice
 and ordered printed, and when printed to be committed to the Committee
 on Codes -- recommitted to the Committee on Codes in accordance with
 Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered
 reprinted as amended and recommitted to said committee

 AN ACT to amend the penal law and the civil rights 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:

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "Barakett digital safety act".
 3 § 2. The penal law is amended by adding a new section 190.22 to read
 4 as follows:
 5 § 190.22 False pretense.
 6 1. A person is guilty of false pretense, when such person knowingly
 7 and without consent impersonates another person through or on an inter-
 8 net website, digital platform, or by using artificial intelligence tech-
 9 nologies, including deepfakes or synthetic media, or by other electronic
 10 means for the purposes of harming, intimidating, threatening or defraud-
 11 ing such other person.
 12 2. For the purposes of this section:
 13 (a) An impersonation is credible if another person would reasonably
 14 believe or did reasonably believe that the defendant was or is the
 15 person who was impersonated.
 16 (b) "Electronic means" shall include the accessing of an e-mail
 17 account, or an account or profile on a social networking internet
 18 website in another person's name.
 19 (c) "Impersonates" includes the use of artificial intelligence
 20 systems, generative models, deepfake technology, synthetic audio or
 21 video, or any automated digital system that simulates or reproduces

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05243-02-6

 S. 3990--A 2

 1 another person's likeness, voice, image, or identity without their
 2 consent.
 3 False pretense is a class A misdemeanor; provided, however, where: (a)
 4 the impersonation results in financial loss exceeding one thousand
 5 dollars;(b) the impersonation includes a credible threat of physical
 6 harm; or (c) the impersonation is committed through artificial intelli-
 7 gence technology, deepfakes, or synthetic media for the purpose of
 8 fraud, extortion, or substantial reputational, professional, or economic
 9 harm, false pretense is a class D felony.
 10 § 3. The civil rights law is amended by adding a new section 79-r to
 11 read as follows:
 12 § 79-r. Civil remedies for false pretense. Any person aggrieved by a
 13 violation of section 190.22 of the penal law may commence a civil action
 14 in a court of competent jurisdiction. In any action brought pursuant to
 15 this section, the court may:
 16 1. award actual damages, compensatory damages, or statutory damages;
 17 2. order restitution to be paid to the victim;
 18 3. impose a civil penalty not to exceed fifty thousand dollars where
 19 the violation involves artificial intelligence, deepfake technology,
 20 synthetic media, or other digital impersonation technologies used to
 21 cause harm, intimidation, threats, or fraud;
 22 4. order the removal, deletion, de-indexing, or cessation of distrib-
 23 ution of impersonation content from digital platforms or online sources
 24 to the extent practicable;
 25 5. issue temporary, preliminary, or permanent injunctive relief to
 26 prevent further di