Today's Law As Amended

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AB-1598 Impersonation for the purpose of a sexual relationship.(2019-2020)

As Amends the Law Today


 Section 528.5 of the Penal Code is amended to read:

 (a) Notwithstanding any other provision of  law, any a  person who knowingly and without consent credibly impersonates another actual person through or on an Internet Web site  internet website  or by other electronic means for purposes of harming, intimidating, threatening, or defrauding  defrauding, or initiating a sexual relationship with  another person is guilty of a public offense punishable pursuant to subdivision (d).
(b) For purposes of this section, an impersonation is credible if another person would reasonably believe, or did reasonably believe, that the defendant was or is the person who was impersonated.
(c) For purposes of this section, “electronic means” shall include  includes  opening an e-mail account or  email account,  an account or profile on a social networking Internet Web site  internet website or mobile application, or an account or profile on a dating service internet website or mobile application  in another person’s name. name, using another person’s photograph, or using another person’s personal identifying information, as defined in subdivision (b) of Section 530.55, with the intent to cause another person to believe that the defendant is, or was, the other person. 
(d) A violation of subdivision (a) is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.
(e) In addition to any other civil remedy available, a person who suffers damage or loss by reason of a violation of subdivision (a) may bring a civil action against the violator for compensatory damages and injunctive relief or other equitable relief pursuant to paragraphs (1), (2), (4), and (5) of subdivision (e) and subdivision (g) of Section 502.
(f) This section shall not preclude prosecution under any other law.
(g) This section does not apply to law enforcement officials acting within the scope of their employment investigating internet crimes.
(h) This section does not apply to content that is satire or parody.
(i) This section does not impose liability on an interactive computer service, as defined in Section 230 of Title 47 of the United States Code.
SEC. 2.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.