Jump To Navigation

False impersonation

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.

Do You Have a Case?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Contact Information

Kurt T. Richards, P.C.
1200 South Avenue, Suite 201
Staten Island, NY 10314
Phone: 718-720-1000
Map and Directions

Visit My Family Law Site