STATE OF NEW YORK ________________________________________________________________________ 9473 IN SENATE May 15, 2024 ___________ Introduced by Sen. ADDABBO -- 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 criminal impersonation of a disabled veteran vendor 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, open- 2 ing paragraph, and closing paragraph as amended by chapter 27 of the 3 laws of 1980, subdivisions 3 and 4 as amended and subdivision 5 as added 4 by chapter 739 of the laws of 2021, 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] such person: 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] such person's words or actions that [he] such person is a public 17 servant or is acting with approval or authority of a public agency or 18 department; and (b) so acts with intent to induce another to submit to 19 such pretended official authority, to solicit funds or to otherwise 20 cause another to act in reliance upon that pretense; or 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; or 26 5. Impersonates another person, without such other person's permis- 27 sion, by using the other person's electronic signature with intent to 28 obtain a benefit or injure or defraud the other person or another EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10018-03-4
S. 9473 2 1 person. For the purposes of this subdivision, electronic signature shall 2 have the same meaning as set forth in subdivision three of section three 3 hundred two of the state technology law[.]; or 4 6. Pretends to be a disabled veteran vendor, or carries or possesses 5 without authority of the official designated to issue specialized vend- 6 ing licenses under the provisions of section thirty-five-a of the gener- 7 al business law any form of insignia or identification or facsimile 8 thereof, or falsely expresses by such person's words or actions that 9 such person is a disabled veteran vendor with intent to obtain a benefit 10 or to injure or defraud another. 11 Criminal impersonation in the second degree is a class A misdemeanor. 12 § 2. This act shall take effect on the first of November next succeed- 13 ing the date on which it shall have become a law.