BILL NUMBER: SB 1411	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 25, 2010

INTRODUCED BY   Senator Simitian

                        FEBRUARY 19, 2010

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1411, as amended, 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   make  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
 , in bad faith,  deceiving another person  ,  or
 of  obtaining a benefit  in bad faith, a misdemeanor
 . 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 
 create a new crime  , 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 528.5 is added to the 
 Penal Code   , to read:  
   528.5.  (a) 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 for any of the following purposes is
guilty of a public offense punishable pursuant to subdivision (c):
   (1) To injure, defraud, or, in bad faith, deceive another person.
   (2) To obtain a benefit in bad faith.
   (b) For purposes of this section, "electronic means" shall include
opening an e-mail account or an account or profile on a social
networking Internet Web site in another person's name.
   (c) A violation of subdivision (a) is punishable by a fine not
exceeding ten thousand dollars ($10,000), or by imprisonment in a
county jail not exceeding one year, or by both 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 (a) 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.  
  SECTION 1.   Section 529 of the Penal Code is
amended to read:
   529.  (a) Every person who falsely impersonates another person in
either his or her private or official capacity, and, in that assumed
character, does any of the following is guilty of a public offense
punishable pursuant to subdivision (c):
   (1) Becomes bail or surety for any party in any proceeding
whatever, before any court or officer authorized to take the bail or
surety.
   (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.
   (3) Does any other act whereby, if done by the person falsely
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 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.
   (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 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.