2014 -- H 7845 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO CRIMINAL OFFENSES - COMPUTER CRIME

     

     Introduced By: Representatives Mattiello, Silva, Serpa, McNamara, and Abney

     Date Introduced: March 04, 2014

     Referred To: House Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 11-52 of the General Laws entitled "Computer Crime" is hereby

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amended by adding thereto the following section:

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     11-52-7.1 Online Impersonation.-- (a) Definitions, as used in this section:

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     (1) "Commercial social networking site" means a business, organization, or other similar

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entity that operates a website and permits persons to become registered users for the purpose of

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establishing personal relationships with other users through direct or real-time communication

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with other users or the creation of web pages or profiles available to the public or to other users.

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     (2) "Electronic mail" means an electronic mail message sent through the use of an

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electronic mail program or a message board program.

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     (3) "Identifying information" means information that alone, or in conjunction with other

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information, identifies a person, including a person's:

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     (i) Name, social security number, date of birth, or government-issued identification

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number;

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     (ii) Unique biometric data, including the person's fingerprint, voice print, or retina or iris

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image;

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     (iii) Unique electronic identification number, electronic mail address, routing code, or

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financial institution account number; and

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     (iv) Telecommunication identifying information or access device.

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     (4) "Public official" means a person elected by the public, or elected or appointed by a

 

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governmental body, or an appointed official in the executive, legislative, or judicial branch of the

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state or any political subdivision thereof.

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     (b) A person commits the crime of online impersonation if the person:

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     (1) Uses the name or persona of another person to create a web page on or to post one or

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more messages on a commercial social networking site or sends an electronic mail, instant

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message, text message, or similar communication without obtaining the other person's consent

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and with the intent to harm, defraud, intimidate, or threaten any person;

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     (2) Sends an electronic mail, instant message, text message, or similar communication

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that references a name, domain address, telephone number, or other item of identifying

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information belonging to any person without obtaining the other person's consent with the intent

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to cause a recipient of the communication to reasonably believe that the other person authorized

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or transmitted the communication and with the intent to harm or defraud any person; or

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     (3) Uses the name or persona of a public official to create a web page on, or to post one

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or more messages on, a commercial social networking site or sends an electronic mail, instant

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message, text message, or similar communication without obtaining the public official's consent

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and with the intent to induce another to submit to such pretended official authority, to solicit

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funds, or otherwise to act in reliance upon that pretense to the other person's detriment.

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     (c) Every person convicted of an offense under this section shall be guilty of a

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misdemeanor for the first offense and shall be subject to imprisonment not exceeding one year, a

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fine of one thousand dollars ($1,000), or both, and an order of restitution as provided herein.

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Every person convicted of a second or subsequent offense under this section shall be guilty of a

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felony and shall be subject to imprisonment not exceeding three (3) years, a fine of three

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thousand dollars ($3,000), or both, and an order of restitution as provided herein.

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     (d) Every person convicted of an offense under this section shall be subject to an order

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for restitution, if appropriate, which shall be in addition to any other applicable penalty.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES - COMPUTER CRIME

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     This act would prohibit persons from using the name or persona of another person or a

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public official to create a web page, post messages on a social networking site, or send electronic

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communication without the person's consent and with the intent to harm or defraud. This section

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also prohibits, with the intent to harm or defraud, sending electronic communication that

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references a name or persona belonging to another without their consent where the recipient

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would reasonably believe that the other person authorized the communication. Those in violation

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in the first offense would be guilty of a misdemeanor and subject to not more than one year

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imprisonment, a fine of not more than one thousand dollars ($1,000), or both; and for an order of

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restitution, if appropriate for the full amount of damages caused by the violation.

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     Those in violation in the second and subsequent offense would be guilty of a felony and

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subject to three (3) years imprisonment, a fine of three thousand dollars ($3,000) or both, and for

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an order of restitution, if appropriate for the full amount of damages caused by the violation.

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     This act would take effect upon passage.

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