House committee substitute makes the following changes to the 1st edition.
Clarifies the definitions that apply in new GS 14-118.8 (Online impersonation). Deletes the definition for credible impersonationand instead adds a definition for impersonateand incorporates the definition from the 1st edition for credible impersonation into the definition for impersonate. Also adds definitions for (1) misrepresented person, meaning a person who is impersonated by an imposter and (2) imposter, meaning any person who knowingly and without consent impersonates another person for purposes of harming, intimidating, threatening, or defrauding another person, including the misrepresented person.
Makes clarifying and conforming changes to subsections (b) and (c) to incorporate the changes made to the definitions that apply in GS 14-118.8.
Removes an exception that protected a person licensed under GS Chapter 74D (alarm systems) and engaging in the discharge of the person's professional duties from a civil cause of action under GS 14-118.8.
PROTECTION FROM ONLINE IMPERSONATION.
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| View NCGA Bill Details(link is external) | 2015-2016 Session |
AN ACT MAKING IMPERSONATION OF AN ACTUAL PERSON OVER THE INTERNET FOR CERTAIN UNLAWFUL PURPOSES A CLASS H FELONY.Intro. by Bryan.
Bill History:
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Tue, 14 Apr 2015 House: Filed(link is external)
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Wed, 15 Apr 2015 House: Passed 1st Reading(link is external)
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Wed, 15 Apr 2015 House: Ref To Com On Judiciary IV(link is external)
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Wed, 22 Apr 2015 House: Reptd Fav Com Substitute(link is external)
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Wed, 22 Apr 2015 House: Cal Pursuant Rule 36(b)(link is external)
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Wed, 22 Apr 2015 House: Added to Calendar(link is external)
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Wed, 22 Apr 2015 House: Withdrawn From Cal(link is external)
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Wed, 22 Apr 2015 House: Cal Pursuant Rule 36(b)(link is external)
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Tue, 28 Apr 2015 House: Placed On Cal For 04/29/2015(link is external)
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Wed, 29 Apr 2015 House: Passed 2nd Reading(link is external)
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Wed, 29 Apr 2015 House: Passed 3rd Reading(link is external)
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Thu, 30 Apr 2015 House: Regular Message Sent To Senate(link is external)
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Thu, 30 Apr 2015 Senate: Regular Message Received From House(link is external)
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Thu, 30 Apr 2015 Senate: Passed 1st Reading(link is external)
Bill Summaries:
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Bill H 794 (2015-2016)Summary date: Apr 22 2015 - View Summary
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Bill H 794 (2015-2016)Summary date: Apr 16 2015 - View Summary
Enacts new GS 14-118.8 to make it a Class H felony to knowingly and without consent engage in a credible impersonation of another actual person online or through other electronic means for the purposes of harming, intimidating, threatening, or defrauding another person; violations are punishable by a fine not to exceed $1,000, or by imprisonment, or by both. Provides that a person whose information is disclosed or used, after being obtained by credible impersonation, has a civil cause of action and specifies amounts that may be recovered. Sets out exceptions for a law enforcement officer while the officer is discharging or attempting to discharge official duties, and a person licensed under GS Chapter 74C (Private Protective Services) or GS Chapter 74D (Alarm Systems) while engaged in the discharge of the person's professional duties. Applies to acts committed on or after December 1, 2015.