Bill Text: NH SB705 | 2020 | Regular Session | Amended
Bill Title: Relative to fraudulent impersonation using a social networking site.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Engrossed - Dead) 2020-09-23 - Died on Table [SB705 Detail]
Download: New_Hampshire-2020-SB705-Amended.html
SB 705-FN - AS AMENDED BY THE SENATE
03/12/2020 1045s
2020 SESSION
20-2772
04/05
SENATE BILL 705-FN
AN ACT relative to fraudulent impersonation using a social networking site.
SPONSORS: Sen. Levesque, Dist 12; Sen. Fuller Clark, Dist 21; Sen. Sherman, Dist 24; Sen. Dietsch, Dist 9; Rep. Vail, Hills. 30; Rep. Cushing, Rock. 21
COMMITTEE: Judiciary
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AMENDED ANALYSIS
This bill establishes a criminal penalty for fraudulent impersonation using a social networking site.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/12/2020 1045s 20-2772
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to fraudulent impersonation using a social networking site.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Identity Fraud; Online Impersonation. Amend RSA 638:26, I(c)-(d) to read as follows:
(c) Obtains or records personal identifying information about a person without the express authorization of such person in order to assist another to pose as such person; [or]
(d) Poses as another person, without the express authorization of such person, with the purpose of obtaining confidential information about such person that is not available to the general public; or
(e) Without obtaining the other person's consent, and with the intent to mislead, harm, defraud, intimidate, or threaten another person, poses as, or uses the name or other personal information of such person to:
(1) Create a web page on a social networking site or Internet website; or
(2) Post or send one or more messages on or through a social networking site or Internet website, other than on or through an electronic mail program or message board program; or
(3) Posts or transmits an electronic mail, instant message, text message, or similar communication that references a name, domain address, phone number, or other personal identifiable information belonging to such person.
2 Effective Date. This act shall take effect January 1, 2021.
20-2772
1/7/20
SB 705-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to fraudulent online duplication of a social networking account.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
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STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
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METHODOLOGY:
This bill establishes a criminal penalty for fraudulent impersonation or duplication of a social networking account. This bill contains penalties that may have an impact on the New Hampshire judicial and correctional systems. There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the entities impacted have provided the potential costs associated with these penalties below.
Judicial Branch | FY 2021 | FY 2022 |
Class B Misdemeanor | $54 | $56 |
Class A Misdemeanor | $77 | $79 |
Appeals | Varies | Varies |
It should be noted that average case cost estimates for FY 2021 and FY 2022 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types. | ||
NH Association of Counties |
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County Prosecution Costs | Indeterminable | Indeterminable |
Estimated Average Daily Cost of Incarcerating an Individual | $105 to $120 | $105 to $120 |
The Department of Justice indicates it would not be involved in the prosecution of such offenses which would be handled by municipal prosecutors and the county attorneys. Appeals from any convictions of such offenses would be handled by the Criminal Justice Bureau and could bee don within the current budget.
AGENCIES CONTACTED:
Judicial Branch, Departments of Corrections and Justice, Judicial Council, and New Hampshire Association of Counties
