Increases the penalties for criminal impersonation in the first degree from a class E felony to a class D felony; increases the penalty for criminal impersonation in the second degree from a class A misdemeanor to a class E felony.
BILL NUMBER: S37
TITLE OF BILL : An act to amend the penal law, in relation to increasing the penalties for criminal impersonation in the first and second degrees
PURPOSE : Relates to increasing the penalties for the crime for criminal impersonation in both the first and second degrees.
SUMMARY OF PROVISIONS : The bill changes the designation of second degree criminal impersonation from a class A misdemeanor to a class E felony. In addition, criminal impersonation in the first degree, currently a class E felony, would be reclassified as a class D felony.
JUSTIFICATION : Criminal impersonation is a heinous crime in which an individual poses as a law enforcement officer, a physician, or any such person of authority in order to gain the trust and acquiescence of the victim. Recently, Nassau County Police arrested a police impersonator who shot and killed a Long Island bank manager during a motor vehicle stop. This incident was preceded by several Nassau County robberies by police impersonators, in which managers of stores were followed and pulled over by an armed police impersonator. In the interest of granting the authorities greater prosecutorial power and that of enhancing overall public safety, this bill raises the penalties for offenders convicted of criminal impersonation in either the first or second degree.
LEGISLATIVE HISTORY : 2005 Passed Senate, 2006 Codes Committee (S.2471/A.4692) 2007-2008: Passed the Senate (S.1532/A.3456)
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 37 2009-2010 Regular Sessions IN SENATE (PREFILED) January 7, 2009 ___________Introduced by Sen. FUSCHILLO -- 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 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, subdivision 3 and the closing paragraph as amended by chapter 27 of the laws of 1980, subdivision 4 as added by chapter 304 of the laws of 2008, is amended to read as follows: S 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. 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 toEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00919-01-9 S. 37 2
induce another to submit to such authority or act in reliance on such pretense. Criminal impersonation in the second degree is a class
[A misdemeanor]E FELONY. S 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: S 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. S 3. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.