GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2015

H                                                                                                                                                   D

HOUSE DRH10328-LR-129A  (03/31)

Short Title:        Protection from Online Impersonation.		(Public)
Sponsors:	Representative Bryan.
Referred to:

A BILL TO BE ENTITLED

AN ACT making impersonation of an actual person over the internet for certain unlawful purposes a class h felony.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 20 of Chapter 14 of the General Statutes is amended by adding a new section to read:

"§ 14‑118.8.  Online impersonation.

(a) The following definitions apply in this section:

(1) Credible impersonation. – If another person would reasonably believe, or did reasonably believe, that the defendant was or is the person who was impersonated.

(2) Electronic means. – Includes an electronic mail account, text or instant messaging account, or an account or profile on a social networking Internet Web site in another person's name.

(b) Any person who knowingly and without consent engages in a credible impersonation of another actual person through or on an Internet Web site or by other electronic means for purposes of harming, intimidating, threatening, or defrauding another person is guilty of a Class H Felony. A violation of this subsection is punishable by a fine not to exceed one thousand dollars ($1,000), or by imprisonment, or by both the fine and imprisonment.

(c) A person whose information is disclosed or used, having been obtained by means of credible impersonation, has a civil cause of action against any person who discloses or uses the information and is entitled to recover the following from the other person:

(1) Actual damages, but not less than liquidated damages, computed at the rate of one thousand dollars ($1,000) a day for each day of violation or ten thousand dollars ($10,000), whichever is higher.

(2) Punitive damages.

(3) A reasonable attorneys' fee and other reasonably incurred litigation costs of the litigation.

(d) This section does not apply to any of the following:

(1) A law enforcement officer while the officer is discharging or attempting to discharge official duties.

(2) A person who is licensed pursuant to Chapter 74C (Private Protective Services) or Chapter 74D (Alarm Systems) of the General Statutes, while the person is engaged in the discharge of the person's professional duties and not engaged activities for an improper purpose as described in this section.

(e) Nothing in this section shall be construed to preclude prosecution under any other law."

SECTION 2.  This act becomes effective December 1, 2015, and applies to acts committed on or after that date.