2014 -- S 2624

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LC004278

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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: Senators Lombardi, DiPalma, Jabour, Conley, and Lombardo

     Date Introduced: March 04, 2014

     Referred To: Senate Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

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

amended by adding the following section thereto:

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

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

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

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

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

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

electronic mail program or a message board program.

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

information identifies a person, including a person's:

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

number;

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

image;

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

financial institution account number; and

     (iv) Telecommunication identifying information or access device.

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

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

state or any political subdivision thereof.

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

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

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

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

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

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

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

belonging to any person without obtaining the other person's consent, with the intent to cause a

recipient of the communication to reasonably believe that the other person authorized or

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

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

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

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

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

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

     (c) Those in violation of this section shall be guilty of a felony and subject to

imprisonment for not more than three (3) years, a fine not more than two thousand dollars

($2,000), or both.

     SECTION 3. This section shall take effect upon passage.

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LC004278

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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

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

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

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

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

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

would be guilty of a felony and subject to not more than three (3) years imprisonment, a fine of

not more than two thousand dollars ($2,000), or both.

     This act would take effect upon passage.

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LC004278

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LC004278 - Page 3 of 2