Revision: Jan. 15, 2020, 8:30 a.m.
SB 705-FN - AS INTRODUCED
2020 SESSION
20-2772
04/05
SENATE BILL 705-FN
AN ACT relative to fraudulent online duplication of a social networking account.
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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ANALYSIS
This bill establishes a criminal penalty for fraudulent impersonation or duplication of a social networking account.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2772
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to fraudulent online duplication of a social networking account.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Online Impersonation or Duplication of Social Networking Account. Amend RSA 638 by inserting after section 29 the following new subdivision:
Online Impersonation or Duplication of Social Networking Account
638:30 Online Impersonation.
I. In this section:
(a) "Commercial social networking site" means any business, organization, or other similar entity operating a website that permits persons to become registered users for the purpose of establishing personal relationships with other users through direct or real-time communication with other users or the creation of web pages or profiles available to the public or to other users. The term shall not include an electronic mail program or a message board program.
(b) "Business organization" means any entity, whether corporation, partnership, limited liability company, proprietorship, association, business trust, real estate trust or other form of organization; organized for gain or profit, carrying on any business activity within the state.
(c) "Personally identifiable information" means information which identifies an individual or which a reasonable person would believe can be used to identify an individual, which includes common and uncommon identifiers, including but not limited to name, address, birth date, social security number, court docket number, insurance policy number, and any other identifiers of an individual and of the individual's known relatives, household members, and employers that a reasonable person would believe could identify the individual to whom the record pertains.
II. A business organization is guilty of a class A misdemeanor if, without obtaining the other person's consent and with the intent to harm, defraud, intimidate, or threaten any person, uses the name or persona of such person to:
(a) Create a web page on a commercial social networking site or other Internet website; or
(b) Post or send one or more messages on or through a commercial social networking site or other Internet website, other than on or through an electronic mail program or message board program.
III. A business organization is guilty of a class B misdemeanor if it sends an electronic mail, instant message, text message, or similar communication that references a name, domain address, phone number, or other personally identifiable information belonging to any person:
(a) Without obtaining the other person's consent;
(b) With the intent to cause a recipient of the communication to reasonably believe that the other person authorized or transmitted the communication; and
(c) With the intent to harm or defraud any person.
IV. It shall be a defense to prosecution under this section that the business organization is any of the following entities or that the business organization's conduct consisted solely of action taken in the usual course of business as:
(a) A commercial social networking site;
(b) An Internet service provider;
(c) An interactive computer service, as defined by 47 U.S.C. section 230;
(d) A telecommunication service provider, as defined in RSA 638:21, VIII; or
(e) A law enforcement agency or officer engaged in law enforcement activity.
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