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S 190.77 Offenses involving theft of identity; definitions.

  1.  For  the  purposes of sections 190.78, 190.79, 190.80 and 190.80-a
and 190.85 of this article "personal identifying  information"  means  a
person's  name,  address,  telephone  number,  date  of  birth, driver's
license number, social security number, place  of  employment,  mother's
maiden  name, financial services account number or code, savings account
number or code, checking  account  number  or  code,  brokerage  account
number or code, credit card account number or code, debit card number or
code,  automated  teller machine number or code, taxpayer identification
number, computer system password, signature  or  copy  of  a  signature,
electronic signature, unique biometric data that is a fingerprint, voice
print,  retinal image or iris image of another person, telephone calling
card number, mobile identification number  or  code,  electronic  serial
number  or  personal  identification  number, or any other name, number,
code or information that may be used alone or in conjunction with  other
such information to assume the identity of another person.
  2.  For  the  purposes  of  sections 190.78, 190.79, 190.80, 190.80-a,
190.81, 190.82 and 190.83 of this article:
  a. "electronic signature" shall have the same meaning  as  defined  in
subdivision  three  of section three hundred two of the state technology
law.
  b. "personal identification number" means any number or code which may
be used alone or in conjunction with any other information to assume the
identity of another person or access financial resources  or  credit  of
another person.
  c. "member  of  the armed forces" shall mean a person in the military
service of the United States or  the  military  service  of  the  state,
including but not limited to, the armed forces of the United States, the
army national guard, the air national guard, the New York naval militia,
the  New York guard, and such additional forces as may be created by the
federal or state government as authorized by law.

S 190.78 Identity theft in the third degree.

  A person is guilty of identity theft in the third degree when he or
she knowingly and with intent to defraud assumes the identity of another
person by presenting himself or herself as that other person, or by
acting as that other person or by using personal identifying information
of that other person, and thereby:
  1. obtains goods, money, property or services or uses credit in the
name of such other person or causes financial loss to such person or to
another person or persons; or
  2. commits a class A misdemeanor or higher level crime.
  Identity theft in the third degree is a class A misdemeanor.

S 190.79 Identity theft in the second degree.

  A  person  is guilty of identify theft in the second degree when he or
  she knowingly and with intent to defraud assumes the identity of another
  person by presenting himself or herself as  that  other  person,  or  by
  acting as that other person or by using personal identifying information
  of that other person, and thereby:
    1.  obtains  goods,  money, property or services or uses credit in the
  name of such other person in  an  aggregate  amount  that  exceeds  five
  hundred dollars; or
    2.  causes  financial  loss  to  such  person  or to another person or
  persons in an aggregate amount that exceeds five hundred dollars; or
    3. commits or attempts to commit a felony or acts as an  accessory  to
  the commission of a felony; or
    4.  commits the crime of identity theft in the third degree as defined
  in section 190.78 of this article  and  has  been  previously  convicted
  within  the  last  five  years  of identity theft in the third degree as
  defined in section 190.78,  identity  theft  in  the  second  degree  as
  defined  in  this section, identity theft in the first degree as defined
  in  section  190.80,  unlawful  possession  of  personal  identification
  information  in  the third degree as defined in section 190.81, unlawful
  possession of personal identification information in the  second  degree
  as   defined   in   section  190.82,  unlawful  possession  of  personal
  identification information in the first degree  as  defined  in  section
  190.83,  unlawful possession of a skimmer device in the second degree as
  defined in section 190.85, unlawful possession of a  skimmer  device  in
  the  first  degree  as  defined  in section 190.86, grand larceny in the
  fourth degree as defined in section 155.30, grand larceny in  the  third
  degree  as defined in section 155.35, grand larceny in the second degree
  as defined in section 155.40 or grand larceny in  the  first  degree  as
  defined in section 155.42 of this chapter.
  Identity theft in the second degree is a class E felony.

S 190.80 Identity theft in the first degree.

  A  person  is  guilty of identity theft in the first degree when he or
  she knowingly and with intent to defraud assumes the identity of another
  person by presenting himself or herself as  that  other  person,  or  by
  acting as that other person or by using personal identifying information
  of that other person, and thereby:
    1.  obtains  goods,  money, property or services or uses credit in the
  name of such other person  in  an  aggregate  amount  that  exceeds  two
  thousand dollars; or
    2.  causes  financial  loss  to  such  person  or to another person or
  persons in an aggregate amount that exceeds two thousand dollars; or
    3. commits or attempts to commit a class  D  felony  or  higher  level
  crime  or  acts as an accessory in the commission of a class D or higher
  level felony; or
    4. commits the crime of identity theft in the second degree as defined
  in section 190.79 of this article  and  has  been  previously  convicted
  within  the  last  five  years  of identity theft in the third degree as
  defined in section 190.78,  identity  theft  in  the  second  degree  as
  defined in section 190.79, identity theft in the first degree as defined
  in   this   section,  unlawful  possession  of  personal  identification
  information in the third degree as defined in section  190.81,  unlawful
  possession  of  personal identification information in the second degree
  as  defined  in  section  190.82,  unlawful   possession   of   personal
  identification  information  in  the  first degree as defined in section
  190.83, unlawful possession of a skimmer device in the second degree  as
  defined  in  section  190.85, unlawful possession of a skimmer device in
  the first degree as defined in section  190.86,  grand  larceny  in  the
  fourth  degree  as defined in section 155.30, grand larceny in the third
  degree as defined in section 155.35, grand larceny in the second  degree
  as  defined  in  section  155.40 or grand larceny in the first degree as
  defined in section 155.42 of this chapter.
  Identity theft in the first degree is a class D felony.

S 190.80-a Aggravated identity theft.

  A  person  is  guilty  of  aggravated  identity  theft  when he or she
knowingly and with intent to defraud assumes  the  identity  of  another
person  by  presenting  himself  or  herself as that other person, or by
acting as that other person or by using personal identifying information
of that other person, and knows that such person  is  a  member  of  the
armed  forces,  and knows that such member is presently deployed outside
of the continental United States and:
  1. thereby obtains goods, money, property or services or  uses  credit
in  the  name  of such member of the armed forces in an aggregate amount
that exceeds five hundred dollars; or
  2. thereby causes financial loss to such member of the armed forces in
an aggregate amount that exceeds five hundred dollars.
    Aggravated identity theft is a class D felony.

S 190.81 Unlawful possession of personal identification information in the third degree.

  A person is guilty of unlawful possession of personal identification
information in the third degree when he or she knowingly possesses a
person`s financial services account number or code, savings account
number or code, checking account number or code, brokerage account
number or code, credit card account number or code, debit card number or
code, automated teller machine number or code, personal identification
number, mother`s maiden name, computer system password, electronic
signature or unique biometric data that is a fingerprint, voice print,
retinal image or iris image of another person knowing such information
is intended to be used in furtherance of the commission of a crime
defined in this chapter.
  Unlawful possession of personal identification information in the
third degree is a class A misdemeanor.

S 190.82 Unlawful possession of personal identification information in the second degree.

  A person is guilty of unlawful possession of personal identification
information in the second degree when he or she knowingly possesses two
hundred fifty or more items of personal identification information of
the following nature: a person`s financial services account number or
code, savings account number or code, checking account number or code,
brokerage account number or code, credit card account number or code,
debit card number or code, automated teller machine number or code,
personal identification number, mother`s maiden name, computer system
password, electronic signature or unique biometric data that is a
fingerprint, voice print, retinal image or iris image of another person
knowing such information is intended to be used in furtherance of the
commission of a crime defined in this chapter.
  Unlawful possession of personal identification information in the
second degree is a class E felony.

S 190.83 Unlawful possession of personal identification information in the first degree.

A person is guilty of unlawful possession of  personal  identification
  information  in  the  first  degree  when he or she commits the crime of
  unlawful possession of personal identification information in the second
  degree and:
    1. with intent to further the commission  of  identity  theft  in  the
  second degree, he or she supervises more than three accomplices; or
    2.  he or she has been previously convicted within the last five years
  of identity theft in the third degree  as  defined  in  section  190.78,
  identity  theft  in  the  second  degree  as  defined in section 190.79,
  identity theft in  the  first  degree  as  defined  in  section  190.80,
  unlawful  possession of personal identification information in the third
  degree as defined in section 190.81,  unlawful  possession  of  personal
  identification  information  in  the second degree as defined in section
  190.82, unlawful possession of personal  identification  information  in
  the  first  degree  as defined in this section, unlawful possession of a
  skimmer device in the  second  degree  as  defined  in  section  190.85,
  unlawful  possession  of a skimmer device in the first degree as defined
  in section 190.86, grand larceny in the  fourth  degree  as  defined  in
  section  155.30, grand larceny in the third degree as defined in section
  155.35, grand larceny in the second degree as defined in section  155.40
  or  grand  larceny  in  the first degree as defined in section 155.42 of
  this chapter; or
    3. with intent to further the commission  of  identity  theft  in  the
  second degree:
    (a) he or she supervises more than two accomplices, and
    (b)  he  or  she  knows  that the person whose personal identification
  information that he or she possesses is a member of  the  armed  forces,
  and
    (c)  he or she knows that such member of the armed forces is presently
  deployed outside of the continental United States.
  Unlawful possession of  personal  identification  information  in  the
  first degree is a class D felony.

S 190.84 Defenses.

  In any prosecution for identity theft or unlawful possession of
personal identification information pursuant to this article, it shall
be an affirmative defense that the person charged with the offense:
  1. was under twenty-one years of age at the time of committing the
offense and the person used or possessed the personal identifying or
identification information of another solely for the purpose of
purchasing alcohol;
  2. was under eighteen years of age at the time of committing the
offense and the person used or possessed the personal identifying or
identification information of another solely for the purpose of
purchasing tobacco products; or
  3. used or possessed the personal identifying or identification
information of another person solely for the purpose of misrepresenting
the person`s age to gain access to a place the access to which is
restricted based on age.


Based in Freeport, NY Michael A. Arbeit, P.C. serves clients throughout Nassau County, Suffolk County, Queens County, New York County, Kings County, and Bronx County New York.



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| Phone: 516-766-1878

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