Add §§190.28 & 190.29, Pen L; add §399-ppp, Gen Bus L
Establishes the crimes of criminal electronic impersonation and aggravated criminal electronic impersonation; requires certain voice-over internet, call-routing and electronic communication services to preserve certain call routing and originating connection records and to provide such records to law enforcement upon request.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10501
SPONSOR: Santabarbara TITLE OF BILL:
An act to amend the penal law and the general business law, in relation
to criminal impersonation by electronic communication and emergency
disclosure of caller identification routing information
PURPOSE:
To establish criminal penalties for the malicious use of caller-ID
spoofing and electronic impersonation, and to require timely cooperation
with law enforcement during imminent threat, missing person, kidnapping,
extortion, or emergency investigations.
SUMMARY OF PROVISIONS:
Section 1:
Adds a new section to the Penal Law creating the crime of criminal elec-
tronic impersonation. A person is guilty when, with intent to defraud,
extort, harass, create fear, or interfere with a police or emergency
investigation, they knowingly falsify or manipulate caller identifica-
tion information, electronic communication routing, or internet-based
calling services to misrepresent their identity or the origin of a
communication.
Section 2:
Creates aggravated criminal electronic impersonation when such conduct:
occurs during a missing person, kidnapping, or extortion incident;
impersonates a victim, family member, or law enforcement officer; or
results in diversion of emergency resources or risk of physical injury.
Such offense shall be a felony.
Section 3:
Amends the General Business Law to require any voice-over-internet,
call-routing, or electronic communication service doing business with
New York residents to:
maintain a 24-hour law enforcement contact for emergency requests;
preserve call routing and originating connection records upon an exigent
request involving imminent risk of harm; and
provide such information to law enforcement consistent with applicable
emergency disclosure standards.
Section 4:
Requires reasonable record retention sufficient to identify the origi-
nating user or device in cases involving criminal investigation,
consistent with privacy and lawful process protections.
Section 5:
Provides that nothing in this act regulates telecommunications trans-
mission standards or conflicts with federal authority, but instead regu-
lates criminal conduct, consumer protection, and public safety within
the State of New York.
Section 6:
This act shall take effect 180 days after it shall have become law.
JUSTIFICATION:
Advances in internet-based calling technology now allow individuals to
manipulate caller identification so that a communication appears to
originate from another person's telephone number. While this practice is
commonly associated with nuisance scam calls, law enforcement agencies
are increasingly encountering cases where spoofed communications are
used in extortion attempts, swatting incidents, and suspected abduc-
tions.
In such situations, families may receive calls that appear to come from
a missing or endangered individual, and police may initially trace the
call to the victim rather than the perpetrator. This delays investi-
gations during the most critical response period and can divert emergen-
cy resources.
Existing state statutes addressing fraud, harassment, or false reporting
do not adequately address this conduct because they were not designed
for modern electronic impersonation. Federal law prohibits deceptive
caller identification practices, but federal enforcement does not
provide real-time investigative tools to local authorities responding to
emergencies.
This legislation fills that gap by:
creating a specific criminal offense tailored to electronic impersona-
tion and spoofing; and
establishing a clear process for emergency preservation and disclosure
of routing information to law enforcement during imminent threats.
The bill does not regulate telecommunications networks or technical
standards, which remain under federal jurisdiction. Instead, it
addresses criminal misuse of technology and public safety cooperation
obligations for businesses operating within New York State.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
Minimal. Any costs to state or local law enforcement are expected to be
absorbable within existing resources. The bill may reduce investigative
expenditures by allowing faster identification of suspects.
EFFECTIVE DATE:
This act shall take effect on the 180th day after it shall have become
law.
STATE OF NEW YORK
________________________________________________________________________
10501
IN ASSEMBLY
March 6, 2026
___________
Introduced by M. of A. SANTABARBARA -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law and the general business law, in relation
to criminal impersonation by electronic communication and emergency
disclosure of caller identification routing information
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 190.28 to
2 read as follows:
3 § 190.28 Criminal electronic impersonation.
4 A person is guilty of criminal electronic impersonation when, with
5 intent to defraud, extort, harass, create fear, or interfere with a
6 police or emergency investigation, such person knowingly falsifies or
7 manipulates caller identification information, electronic communication
8 routing, or internet-based calling services to misrepresent such
9 person's identity or the origin of a communication.
10 Criminal electronic impersonation is a class A misdemeanor.
11 § 2. The penal law is amended by adding a new section 190.29 to read
12 as follows:
13 § 190.29 Aggravated criminal electronic impersonation.
14 A person is guilty of aggravated criminal electronic impersonation
15 when such person commits the crime of criminal electronic impersonation
16 in violation of section 190.28 of this article and such conduct:
17 1. occurs during a missing person, kidnapping or extortion incident;
18 2. impersonates a victim, family member or law enforcement officer; or
19 3. results in diversion of emergency resources or risk of physical
20 injury.
21 Aggravated criminal electronic impersonation is a class E felony.
22 § 3. The general business law is amended by adding a new section 399-
23 ppp to read as follows:
24 § 399-ppp. Emergency disclosure of caller identification routing
25 information. Any voice-over-internet, call-routing or electronic commu-
26 nication service doing business with residents of the state of New York
27 shall:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15114-01-6
A. 10501 2
1 1. maintain a twenty-four hour law enforcement contact for emergency
2 requests;
3 2. maintain call routing and originating connection records sufficient
4 to identify the originating user or device in cases involving criminal
5 investigation upon an exigent request involving imminent risk of harm;
6 and
7 3. provide such records maintained pursuant to subdivision two of this
8 section to law enforcement upon request, consistent with applicable
9 emergency disclosure standards.
10 § 4. Nothing in this act shall be construed to regulate telecommuni-
11 cations transmission standards or conflict with federal authority.
12 § 5. This act shall take effect on the one hundred eightieth day after
13 it shall have become a law.
