BILL NUMBER: SB 1411	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Simitian

                        FEBRUARY 19, 2010

   An act to amend Section 529 of the Penal Code, relating to
impersonation.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1411, as introduced, Simitian. Impersonation: Internet.
   Existing law makes it a crime to falsely impersonate another in
either his or her private or official capacity, as specified.
Existing law also makes it a crime to knowingly access and, without
permission, alter, damage, delete, destroy, or otherwise use any
data, computer, computer system, or computer network in order to
devise or execute any scheme or artifice to defraud, deceive, or
extort, or wrongfully control or obtain money, property, or data. For
a violation thereof, in addition to specified criminal penalties,
existing law authorizes an aggrieved party to bring a civil action
against the violator, as specified.
   This bill would add to the impersonation provisions and make
unlawful the knowing impersonation of any other person through or on
an Internet Web site or by other electronic means, as defined, with a
bad faith intent for purposes of injuring, defrauding, or deceiving
another person or obtaining a benefit. The bill would, in addition to
the specified criminal penalties, authorize an aggrieved party to
bring a civil action against any person who violates that provision,
as specified. Because the bill would add to an existing crime
provision, the bill would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 529 of the Penal Code is amended to read:
   529.  (a)    Every person who falsely 
personates   impersonates  another  person
 in either his  or her  private or official capacity,
and  ,  in  such   that assumed
character  either   , does any of the following
is guilty of a public offense punishable pursuant to subdivision (c)
 : 
   1. 
    (1)    Becomes bail or surety for any party in
any proceeding whatever, before any court or officer authorized to
take  such   the  bail or surety  ;
  .  
   2. 
    (2)    Verifies, publishes, acknowledges, or
proves, in the name of another person, any written instrument, with
intent that the same may be recorded, delivered, or used as true
 ; or,   .  
   3. 
    (3)    Does any other act whereby, if done by
the person falsely  personated   impersonated
 , he  or she  might, in any event, become liable to
any suit or prosecution, or to pay any sum of money, or to incur any
charge, forfeiture, or penalty, or whereby any benefit might accrue
to the party  personating   impersonating 
, or to any other person  ;   .  
   (b) (1) Any person who knowingly impersonates, in any manner, or
pretends to be any other person through or on an Internet Web site or
by other electronic means with a bad faith intent for purposes of
injuring, defrauding, or deceiving another person or obtaining a
benefit is guilty of a public offense punishable pursuant to
subdivision (c).  
   (2) For purposes of this paragraph, "electronic means" shall
include opening an e-mail account or an account or profile on a
social networking web site in another person's name.  
   Is 
    (c)     A   violation of
subdivision (a) or (b) is  punishable by a fine not exceeding
ten thousand dollars ($10,000), or by imprisonment in the state
prison, or in a county jail not exceeding one year, or by both
 such   that  fine and imprisonment.
    (d) In addition to any other civil remedy available, an
aggrieved party who suffers damage or loss by reason of violation of
subdivision (b) may bring a civil action against the violator for
compensatory damages and injunctive relief or other equitable relief
pursuant to paragraphs (1), (2), (4), and (5) of subdivision (e) and
subdivision (g) of Section 502. 
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.