S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          750
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by Sens. KENNEDY, KRUEGER, SAMPSON -- read twice and ordered
         printed, and when printed to be committed to the Committee  on  Veter-
         ans, Homeland Security and Military Affairs
       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, subdivision 3 and closing paragraph as amended by chapter
    3  27  of  the  laws  of 1980, subdivision 4 as added by chapter 304 of the
    4  laws of 2008, is amended to read as follows:
    5  S 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  OR  HER  words  or actions that he OR SHE is a public servant or is
   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[.]; 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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03218-02-5
       S. 750                              2
    1  induce another to submit to such authority or act in  reliance  on  such
    2  pretense[.]; OR
    3    5.  PRETENDS  TO BE A DISABLED VETERAN VENDOR, OR CARRIES OR POSSESSES
    4  WITHOUT AUTHORITY OF THE OFFICIAL DESIGNATED TO ISSUE SPECIALIZED  VEND-
    5  ING LICENSES UNDER THE PROVISIONS OF SECTION THIRTY-FIVE-A OF THE GENER-
    6  AL  BUSINESS  LAW  ANY  FORM  OF INSIGNIA OR IDENTIFICATION OR FACSIMILE
    7  THEREOF, OR FALSELY EXPRESSES BY HIS OR HER WORDS OR ACTIONS THAT HE  OR
    8  SHE  IS  A DISABLED VETERAN VENDOR WITH INTENT TO OBTAIN A BENEFIT OR TO
    9  INJURE OR DEFRAUD ANOTHER.
   10    Criminal impersonation in the second degree is a class A misdemeanor.
   11    S 2. This act shall take effect on the first of November next succeed-
   12  ing the date on which it shall have become a law.