New York A 1870: Increases the penalties for criminal impersonation in the first and second degrees

Bill Text

STATE OF NEW YORK
        ________________________________________________________________________
                                          1870
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2019
                                       ___________
        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:
     1    Section 1.  Section 190.25 of the penal law, the section heading,  the
     2  opening paragraph, subdivision 3 and the closing paragraph as amended by
     3  chapter 27 of the laws of 1980, subdivision 4 as added by chapter 304 of
     4  the laws of 2008, is amended to read as follows:
     5  § 190.25 Criminal impersonation in the second degree.
     6    A person is guilty of criminal impersonation in the second degree when
     7  he :or she
     8    1. Impersonates another and does an act in such assumed character with
     9  intent to obtain a benefit or to injure or defraud another; or
    10    2.  Pretends to be a representative of some person or organization and
    11  does an act in such pretended capacity with intent to obtain  a  benefit
    12  or to injure or defraud another; or
    13    3.  (a)  Pretends to be a public servant, or wears or displays without
    14  authority any uniform, badge, insignia or  facsimile  thereof  by  which
    15  such  public  servant is lawfully distinguished, or falsely expresses by
    16  his  words or actions that he  is a  public  servant  or  isor heror she
    17  acting  with approval or authority of a public agency or department; and
    18  (b) so acts with intent to induce another to submit  to  such  pretended
    19  official  authority,  to  solicit funds or to otherwise cause another to
    20  act in reliance upon that pretense.
    21    4. Impersonates another by communication by internet website or  elec-
    22  tronic means with intent to obtain a benefit or injure or defraud anoth-
    23  er, or by such communication pretends to be a public servant in order to
    24  induce  another  to  submit to such authority or act in reliance on such
    25  pretense.
         EXPLANATION--Matter in  (underscored) is new; matter in bracketsitalics
                              [] is old law to be omitted. 
                                                                   LBD05403-01-9

        A. 1870                             2
     1    Criminal impersonation in the second degree is a class []A misdemeanor
     2  .E felony
     3    §  2.  Section 190.26 of the penal law, as amended by chapter 2 of the
     4  laws of 1998, subdivision 1 as amended by chapter 434  of  the  laws  of
     5  2008, is amended to read as follows:
     6  § 190.26 Criminal impersonation in the first degree.
     7    A  person is guilty of criminal impersonation in the first degree when
     8  he :or she
     9    1. Pretends to be a police officer or a federal law enforcement  offi-
    10  cer  as  enumerated  in  section  2.15 of the criminal procedure law, or
    11  wears or displays without authority, any uniform, badge or other  insig-
    12  nia  or  facsimile  thereof, by which such police officer or federal law
    13  enforcement officer is lawfully distinguished or expresses by his or her
    14  words or actions that he or she is acting with the approval or authority
    15  of any police department or acting as a federal law enforcement  officer
    16  with  the  approval  of  any agency that employs federal law enforcement
    17  officers as enumerated in section 2.15 of the  criminal  procedure  law;
    18  and
    19    2.  So  acts with intent to induce another to submit to such pretended
    20  official authority or otherwise to act in reliance  upon  said  pretense
    21  and in the course of such pretense commits or attempts to commit a felo-
    22  ny; or
    23    3.  Pretending to be a duly licensed physician or other person author-
    24  ized to issue a prescription for any drug or any  instrument  or  device
    25  used in the taking or administering of drugs for which a prescription is
    26  required by law, communicates to a pharmacist an oral prescription which
    27  is  required  to  be reduced to writing pursuant to section thirty-three
    28  hundred thirty-two of the public health law.
    29    Criminal impersonation in the first degree is a class []  felony.ED
    30    § 3. This act shall take effect on the first of November next succeed-
    31  ing the date on which it shall have become a law.