Senate committee substitute makes the following changes to the 2nd edition.
Enacts new GS 75-44, deeming it an unfair trade practice for a person to solicit information, feedback, or any other response from another person by sending a fictitious communication that is designed to elicit a response from the recipient, punishable by (1) all enforcement and penalty provisions of Article 1, GS Chapter 75; (2) punitive damages of at least $50,000 per violation upon a finding of aggravating factors under State law; and (3) attorneys' fees and costs. Defines fictitious communication as any communication, written or oral, where the sender is intentionally misrepresenting the sender's identity to the recipient. Defines person to include nonprofit and for-profit firms and corporations, including educational institutions, and deems those conducting research to be engaged in commerce, as defined by State law. Effective October 1, 2021.
Makes technical changes to the act's effective date provision. Makes conforming changes to the act's long title.
PROTECTION FROM ONLINE IMPERSONATION.
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View NCGA Bill Details | 2021 |
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.
Bill History:
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Mon, 22 Mar 2021 House: Filed
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Tue, 23 Mar 2021 House: Passed 1st Reading
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Tue, 13 Apr 2021 House: Reptd Fav Com Substitute
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Tue, 13 Apr 2021 House: Re-ref Com On Rules, Calendar, and Operations of the House
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Wed, 14 Apr 2021 House: Reptd Fav
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Wed, 14 Apr 2021 House: Cal Pursuant Rule 36(b)
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Wed, 14 Apr 2021 House: Added to Calendar
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Wed, 14 Apr 2021 House: Passed 2nd Reading
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Wed, 14 Apr 2021 House: Passed 3rd Reading
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Thu, 15 Apr 2021 House: Regular Message Sent To Senate
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Thu, 15 Apr 2021 Senate: Regular Message Received From House
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Thu, 15 Apr 2021 Senate: Passed 1st Reading
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Thu, 15 Apr 2021 Senate: Ref To Com On Rules and Operations of the Senate
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Thu, 20 May 2021 Senate: Withdrawn From Com
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Tue, 8 Jun 2021 Senate: Reptd Fav Com Substitute
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Tue, 8 Jun 2021 Senate: Reptd Fav Com Substitute
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Tue, 8 Jun 2021 Senate: Com Substitute Adopted
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Tue, 8 Jun 2021 Senate: Com Substitute Adopted
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Tue, 8 Jun 2021 Senate: Re-ref Com On Rules and Operations of the Senate
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Tue, 8 Jun 2021 Senate: Re-ref Com On Rules and Operations of the Senate
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Tue, 15 Jun 2021 Senate: Reptd Fav
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Wed, 16 Jun 2021 Senate: Withdrawn From Cal
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Wed, 16 Jun 2021 Senate: Placed On Cal For 06/21/2021
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Mon, 21 Jun 2021 Senate: Withdrawn From Cal
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Mon, 21 Jun 2021 Senate: Re-ref Com On Rules and Operations of the Senate
Bill Summaries:
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Bill H 341 (2021-2022)Summary date: Jun 8 2021 - View Summary
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Bill H 341 (2021-2022)Summary date: Apr 13 2021 - View Summary
House committee substitute makes the following changes to the 1st edition.
Amends proposed GS 14-118.8 as follows. Revises the definition of impersonate to mean engaging in a credible portrayal (was impersonation) of an actual person such that another person would reasonably believe, or did reasonably believe, that the imposter was or is the misrepresented person. No longer provides that a violation of the statute is punishable by a fine not to exceed $1,000, or by imprisonment, or by both the fine and imprisonment; maintains that a violation is a Class H felony. Makes a technical change regarding costs recoverable in a civil action brought under the statute.
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Bill H 341 (2021-2022)Summary date: Mar 22 2021 - View Summary
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.
Senate committee substitute to the 2nd edition changed the long title. Original title was AN ACT MAKING IMPERSONATION OF AN ACTUAL PERSON OVER THE INTERNET FOR CERTAIN UNLAWFUL PURPOSES A CLASS H FELONY.