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SB 3338

AN ACT RELATING TO CRIMINAL OFFENSES -- IMPERSONATION AND IDENTITY FRAUD

2026 Regular Session Introduced by John Burke and 3 co-sponsors

The bill elevates penalties for impersonation, forgery, and identity fraud to cover both traditional documents and digital likenesses, broadening tools and means of identification.

06/23/2026 Signed by Governor
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WeVote Research Nonpartisan
Bill Summary · SB 3338

Summary of Bill: SB 3338 (Rhode Island) – Impersonation and Identity Fraud

Purpose and Intent

  • Establishes enhanced criminal penalties for impersonation, forgery, and identity fraud.
  • Aims to protect individuals and entities from fraud and deception involving identification documents, digital forgeries, and related means of identifying or accessing accounts.
  • Creates definitions and scope to cover traditional identification documents as well as digital likenesses and electronic means of identification.

Key Provisions and Changes

  • Definitions (Section 11-49.1-2)

    • Document-making implement: Tools or software/hardware used to create identification documents or other documents.
    • Identification document: Any government-issued document or similar card used for identification.
    • Digital forgery: Creating, distributing, or distributing a forged digital likeness or audio recording knowing it is forged.
    • Forgeddigitallikeness: Computer- or electronic-generated visual or audio representation of a real person that resembles the real person, is likely to deceive a reasonable person, is created/distributed without consent, and is not protected by law.
    • Entity: Broadly defined to include corporations, LLCs, trusts, estates, partnerships, associations, organizations, and government entities or subdivisions.
    • Means of identification: Names, numbers, data, biometric data, electronic IDs, or other data used to identify a person or entity (including SSNs, driver’s licenses, biometric data, IP addresses, etc.).
    • Produce: Manufacture, alter, authenticate, or assemble an identification document.
    • State: Includes Rhode Island and U.S. territories and equivalents.
    • Financial information: Information identifying assets, liabilities, or credit (account numbers, balances, transactional data, passwords, SSNs, etc.).
    • Elderly adult: 60 years of age or older.

  • Identity Fraud Provisions (Section 11-49.1-3)

    • A person commits a felony if they:
    • Knowingly produce an identification document or false identification document without lawful authority.
    • Knowingly transfer an identification document or false identification document knowing it was stolen or produced without lawful authority.
    • Possess with intent to use unlawfully or transfer unlawfully five (5) or more identification documents (other than those lawfully issued to the possessor) or false IDs.
    • Possess with the intent to defraud or transfer unlawfully identification documents or financial information to defraud the U.S., Rhode Island, a subdivision, or any entity or person.
    • Possess a document-making implement with the intent it will produce a false identification document or another document-making implement for such use.
    • Possess a false identification document that is or appears genuine, knowing it was stolen or produced without lawful authority.
    • Impersonate an entity or person (living or dead) with intent to defraud or injure any individual, business, the State or its subdivisions, or local governments.
    • Engage in digital forgery.
    • Transfer or use with intent to defraud a means of identification or financial information of another person, living or dead, to commit or aid unlawful activity.
    • Penalties: All violations under this section are felonies, subject to the penalties outlined in § 11-49.1-4 (not provided in the excerpt but alignment with felony categorization is indicated).

  • Exceptions and Protections

    • The act does not apply to:
    • Individuals under 21 misrepresenting age to enter premises selling alcohol (age-based exceptions for specific contexts).
    • Constitutionally protected activities.
    • Law enforcement officers performing official duties.
    • Providers or developers of technology used in creating visual representations or audio recordings.
    • Activities protected by state or federal law.

  • Effective Date

    • The act shall take effect upon passage.

Who Would Be Affected

  • Individuals who create, possess, transfer, or use identification documents (real or forged), especially when used unlawfully or to defraud.
  • Individuals who possess five or more identification documents or financial information with intent to defraud.
  • Individuals who manufacture or use document-making technology for the purpose of creating false IDs or facilitating fraud.
  • Businesses and entities at risk of impersonation, identity theft, or digital forgery, including government and private sector alike.
  • Law enforcement and technology developers may encounter clarified exceptions and definitions.

Procedural and Timeline Aspects

  • Introduced and referred to the Senate Judiciary Committee on June 1, 2026.
  • No further procedural history provided in the text; the bill would proceed through the standard Rhode Island legislative process (committee review, potential amendments, and votes by the Senate and House) before becoming law.
  • Effective date is “upon passage,” meaning it would take effect immediately or as soon as the governor signs (subject to passage timing).

Notes for Readers

  • The bill expands the scope of identity-related crimes to include digital likenesses and the broader concept of “means of identification.”
  • It introduces explicit definitions to address modern forms of identity fraud, including digital forgeries and impersonation of entities or individuals.
  • It provides targeted protections for minors in specific alcohol-purchasing contexts, and clarifies exemptions to avoid conflicting with lawful activities or protected speech and technology development.

Compiled from official sources — confirm details with the bill’s official record.

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