SB274 Alabama 2012 Session

Under existing law, a person commits the crime of criminal impersonation if he or she assumes a false identity and does an act with intent to gain an economic benefit for himself or herself or another or to injure or defraud another.

Criminal impersonation is a Class B misdemeanor.

This bill would make it a Class B misdemeanor to unlawfully and without consent impersonate another person through an Internet website or by other electronic means with the intent to harm, intimidate, threaten, or defraud another person.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

Relating to impersonation of another; to establish the crime of impersonation of another by electronic means; to provide penalties for committing the crime; and in connection therewith to have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.