Introduced Version
House Bill 2337 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2337
(By Delegates M. Smith, L. Phillips and D. Campbell)
[Introduced February 13, 2013; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §61-2-31, relating to
creating the criminal offense of online impersonation for
purposes of harming, intimidating, threatening or defrauding
another person; providing criminal penalty for violation;
providing definitions; and providing that the offense is
supplemental to other laws.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §61-2-31, to read as
follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-31. Unlawful impersonation over Internet; penalty;
definitions; supplemental to other laws.
_____(a) Notwithstanding any other provision of law, a person may
not knowingly and without consent impersonate another person
through or on an Internet website or by other electronic means for
purposes of harming, intimidating, threatening or defrauding
another person.
_____(b) A person who violates subsection (a) of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than $250 and not more than $1,000, or confined in
jail not more than one year, or both fined and confined.
_____(c) For purposes of this section:
_____(1) An impersonation is credible if another person would
reasonably believe, or did reasonably believe, that the defendant
was or is the person who was impersonated; and
_____(2) "Electronic means" includes, but is not limited to,
opening an e-mail account, registering a website domain name or
opening an account or profile on a social networking Internet
website in another person's name.
_____(d) This section is supplemental to any other provision of
law and does not preclude prosecution under any other provision of
law.
NOTE: The purpose of this bill is to create the offense of
online impersonation for purposes of harming, intimidating,
threatening or defrauding another person.
§61-2-31 is new; therefore, it has been completely
underscored.