S832

An Act concerning offenses of impersonation and exploiting authority implied by a public emergency and amending N.J.S.2C:28-8 and supplementing Title 2C of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. N.J.S.2C:28-8 is amended to read as follows:

2C:28-8. Impersonating a public servant or law enforcement officer.

a. Except as provided in subsection b. or c. of this section, a person commits a disorderly persons offense if he falsely pretends to hold a position in the public service with purpose to induce another to submit to such pretended official authority or otherwise to act in reliance upon that pretense.

b. A person commits a crime of the fourth degree if he falsely pretends to hold a position as an officer or member or employee or agent of any organization or association of law enforcement officers with purpose to induce another to submit to such pretended official authority or otherwise to act in reliance upon that pretense.

c. A person commits a crime of the fourth degree if he, during a period of a Public Health Emergency, pursuant to the "Emergency Health Powers Act," P.L.2005, c.222 (C.26:13-1 et seq.), or a State of Emergency, pursuant to P.L.1942, c.251 (C.App.A.9-33 et seq.), or both, commits a violation of subsection a. of this section by pretending to be a contact tracer with purpose to:

(1) induce another to submit to such pretended official authority and divulge personal identifying information belonging to the contacted person or personal identifying information belonging to another, or

(2) defraud another using pretended official authority.

As used in this section, “personal identifying information” means any name, number or other information that may be used, alone or in conjunction with any other information, to identify a specific individual and includes, but is not limited to, the name, address, telephone number, date of birth, social security number, official State issued identification number, employer or taxpayer number, place of employment, employee identification number, demand deposit account number, savings account number, credit card number, mother's maiden name, unique biometric data, such as fingerprint, voice print, retina or iris image or other unique physical representation, or unique electronic identification number, address or routing code of the individual.

(cf: P.L.2000, c.110)

2. (New section) A person commits a crime of the fourth degree if he defrauds another using the guise of a public health emergency or state of emergency, whether or not one has actually been declared, as the inducement to obtain any personal identifying information.

3. This act shall take effect immediately.

STATEMENT

Currently, impersonating a public servant is graded as a disorderly persons offense, punishable by up to six months imprisonment, a fine of up to $1,000 or both. This bill elevates the crime of impersonating a public servant to a crime of the fourth degree during a period of a public health emergency or a state of emergency, or both, when a person falsely pretends to be a contact tracer with purpose to (1) induce another to submit to such pretended official authority or otherwise to act in reliance upon that pretense and divulge personal identifying information belonging to the contacted person or personal identifying information belonging to another, or (2) to defraud another using pretended official authority.

The bill further establishes that a person commits a crime of the fourth degree if he defrauds another under the guise of a public health emergency or state of emergency, whether or not one has been declared, as the inducement to obtain personal identifying information.

A crime of the fourth degree is punishable by up to 18 months imprisonment, a fine of up to $10,000 or both.

Under the bill, “personal identifying information” means any name, number or other information that may be used, alone or in conjunction with any other information, to identify a specific individual and includes, but is not limited to, the name, address, telephone number, date of birth, social security number, official State issued identification number, employer or taxpayer number, place of employment, employee identification number, demand deposit account number, savings account number, credit card number, mother's maiden name, unique biometric data, such as fingerprint, voice print, retina or iris image or other unique physical representation, or unique electronic identification number, address or routing code of the individual.

It is the sponsor’s view that taking advantage of periods of crisis in the State to facilitate the crime of impersonating, or committing a crime by exploiting a public emergency regardless of impersonation, not only violates attempts by a vulnerable population to aid in suppressing a crisis, but also undermines the confidence and willingness of the public to cooperate.