Bill Summaries: H794 (2015-2016 Session)

Tracking:
  • Bill H 794 (2015-2016)
    Summary date: Apr 22 2015 - View summary

    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.
    Courts/Judiciary, Criminal Justice, Criminal Law and Procedure
    GS 14
  • 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. 
    Courts/Judiciary, Criminal Justice, Criminal Law and Procedure
    GS 14

© 2022 School of Government The University of North Carolina at Chapel Hill

This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.