Bill Summary for H 341 (2021-2022)
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AN ACT MAKING IMPERSONATION OF AN ACTUAL PERSON OVER THE INTERNET FOR CERTAIN UNLAWFUL PURPOSES A CLASS H FELONY AND PROTECTING CONSUMERS FROM MISLEADING OR FICTITIOUS COMMUNICATIONS DESIGNED TO ELICIT A RESPONSE OR FOR A STUDY, SURVEY, MARKETING, OR OTHER PURPOSE.Intro. by White, Strickland.
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Enacts GS 14-118.8 to provide the following. Makes it a Class H felony punishable by a fine of up to $1,000 and/or imprisonment to knowingly and without consent impersonate another person through or on a website or by other electronic means for purposes of harming, intimidating, threatening, or defrauding another person, including the misrepresented person. Defines electronic means to include email, text, or instant messaging accounts, and social networking accounts or profiles, in another person's name. Defines impersonate, imposter, and misrepresented person. Creates a civil cause of action against the imposter, making actual damages at the rate of the higher of $1,000 per day of the violation or $10,000, punitive damages, and reasonable attorneys' fees and other litigation costs recoverable by the misrepresented person or another person who is harmed, intimidated, threatened, or defrauded by the imposter through or on a website or by other electronic means. Excludes law enforcement officers in the discharge or attempt to discharge official duties, and licensed private detective services professionals engaging in the discharge of official duties. Specifies that the statute does not preclude prosecution under any other law. Applies to acts committed on or after December 1, 2021.