New York Law

Laws of New York - This site contains the full online searchable text of the New York Alcoholic Beverage Control Law, the New York Criminal Procedure Law, the New York Penal Law, and the New York Vehicle and Traffic Law. This section contains the Penal Law of New York State.

Article 190 - NY Penal Law

OTHER FRAUDS
190.00   Issuing a bad check; definitions of terms.
190.05   Issuing a bad check. B MISD
190.10   Issuing a bad check; presumptions.
190.15   Issuing a bad check; defenses.
190.20   False advertising. A MISD
190.23   False personation. B MISD
190.25   Criminal impersonation in the second degree. A MISD
190.26   Criminal impersonation in the first degree. E FELONY
190.27   Criminal sale of a police uniform. A MISD
190.30   Unlawfully concealing a will. E FELONY
190.35   Misconduct by corporate official. B MISD
190.40   Criminal usury in the second degree. E FELONY
190.42   Criminal usury in the first degree. C FELONY
190.45   Possession of usurious loan records. A MISD
190.50   Unlawful collection practices. B MISD
190.55   Making a false statement of credit terms. A MISD
190.60   Scheme to defraud in the second degree. A MISD
190.65   Scheme to defraud in the first degree. E FELONY
190.70   Scheme to defraud the state by unlawfully selling prescriptions. A MISD
190.72   Unauthorized radio transmission. A MISD
190.75   Criminal use of an access device in the second degree. A MISD
190.76   Criminal use of an access device in the first degree. E FELONY
190.77   Offenses involving theft of identity; definitions.
190.78   Identity theft in the third degree. A MISD
190.79   Identity theft in the second degree. E FELONY
190.80   Identity theft in the first degree. D FELONY
190.80-a Aggravated identity theft. D FELONY
190.81   Unlawful possession of personal identification
               information in the third degree. A MISD
190.82   Unlawful possession of personal identification
               information in the second degree. E FELONY
190.83   Unlawful possession of personal identification
               information in the first degree. D FELONY
190.84   Defenses.
190.85   Unlawful possession of a skimmer device in the second degree. A MISD
190.86   Unlawful possession of a skimmer device in the first degree. E FELONY
190.87   * Immigrant assistant services fraud in the second degree. A MISD   	
190.89   * Immigrant assitance services fraud in the first degree. E FELONY   	
    	
S 190.00  Issuing a bad check; definitions of terms.
  The following definitions are applicable to this article:
  1. "Check" means any check, draft or similar sight order for the
payment of money which is not post-dated with respect to the time of
utterance.
  2. "Drawer" of a check means a person whose name appears thereon as
the primary obligor, whether the actual signature be that of himself or
of a person purportedly authorized to draw the check in his behalf.
  3. "Representative drawer" means a person who signs a check as drawer
in a representative capacity or as agent of the person whose name
appears thereon as the principal drawer or obligor.
  4. "Utter." A person "utters" a check when, as a drawer or
representative drawer thereof, he delivers it or causes it to be
delivered to a person who thereby acquires a right against the drawer
with respect to such check. One who draws a check with intent that it be
so delivered is deemed to have uttered it if the delivery occurs.
  5. "Pass." A person "passes" a check when, being a payee, holder or
bearer of a check which previously has been or purports to have been
drawn and uttered by another, he delivers it, for a purpose other than
collection, to a third person who thereby acquires a right with respect
thereto.
  6. "Funds" means money or credit.
  7. "Insufficient funds." A drawer has "insufficient funds" with a
drawee to cover a check when he has no funds or account whatever, or
funds in an amount less than that of the check; and a check dishonored
for "no account" shall also be deemed to have been dishonored for
"insufficient funds."

S 190.05 Issuing a bad check.
  A person is guilty of issuing a bad check when:
  1. (a) As a drawer or representative drawer, he utters a check knowing
that he or his principal, as the case may be, does not then have
sufficient funds with the drawee to cover it, and (b) he intends or
believes at the time of utterance that payment will be refused by the
drawee upon presentation, and (c) payment is refused by the drawee upon
presentation; or
  2. (a) He passes a check knowing that the drawer thereof does not then
have sufficient funds with the drawee to cover it, and (b) he intends or
believes at the time the check is passed that payment will be refused by
the drawee upon presentation, and (c) payment is refused by the drawee
upon presentation.
  Issuing a bad check is a class B misdemeanor.

S 190.10  Issuing a bad check; presumptions.
  1. When the drawer of a check has insufficient funds with the drawee
to cover it at the time of utterance, the subscribing drawer or
representative drawer, as the case may be, is presumed to know of such
insufficiency.
  2. A subscribing drawer or representative drawer, as the case may be,
of an ultimately dishonored check is presumed to have intended or
believed that the check would be dishonored upon presentation when:
  (a) The drawer had no account with the drawee at the time of
utterance; or
  (b) (i) The drawer had insufficient funds with the drawee at the time
of utterance, and (ii) the check was presented to the drawee for payment
not more than thirty days after the date of utterance, and (iii) the
drawer had insufficient funds with the drawee at the time of
presentation.
  3. Dishonor of a check by the drawee and insufficiency of the drawer`s
funds at the time of presentation may properly be proved by introduction
in evidence of a notice of protest of the check, or of a certificate
under oath of an authorized representative of the drawee declaring the
dishonor and insufficiency, and such proof shall constitute presumptive
evidence of such dishonor and insufficiency.

S 190.15  Issuing a bad check; defenses.
  In any prosecution for issuing a bad check, it is an affirmative
defense that:
  1. The defendant or a person acting in his behalf made full
satisfaction of the amount of the check within ten days after dishonor
by the drawee; or
  2. The defendant, in acting as a representative drawer, did so as an
employee who, without personal benefit, merely executed the orders of
his employer or of a superior officer or employee generally authorized
to direct his activities.

S 190.20  False advertising.
  A person is guilty of false advertising when, with intent to promote
the sale or to increase the consumption of property or services, he
makes or causes to be made a false or misleading statement in any
advertisement or publishes any advertisement in violation of chapter
three of the act of congress entitled "Truth in Lending Act" and the
regulations thereunder, as such act and regulations may from time to
time be amended, addressed to the public or to a substantial number of
persons; except that, in any prosecution under this section, it is an
affirmative defense that the allegedly false or misleading statement was
not knowingly or recklessly made or caused to be made.
  False advertising is a class A misdemeanor.
  
S 190.23 False personation.
  A person is guilty of false personation when after being informed of
the consequences of such act, he or she knowingly misrepresents his or
her actual name, date of birth or address to a police officer or peace
officer with intent to prevent such police officer or peace officer from
ascertaining such information.
  False personation is a class B misdemeanor.

S 190.25 Criminal impersonation in the second degree.
  A person is guilty of criminal impersonation in the second degree when
he:
  1. Impersonates another and does an act in such assumed character with
intent to obtain a benefit or to injure or defraud another; or
  2. Pretends to be a representative of some person or organization and
does an act in such pretended capacity with intent to obtain a benefit
or to injure or defraud another; or
  3. (a) Pretends to be a public servant, or wears or displays without
authority any uniform, badge, insignia or facsimile thereof by which
such public servant is lawfully distinguished, or falsely expresses by
his words or actions that he is a public servant or is acting with
approval or authority of a public agency or department; and (b) so acts
with intent to induce another to submit to such pretended official
authority, to solicit funds or to otherwise cause another to act in
reliance upon that pretense.
  4. Impersonates  another  by  communication  by  internet  website  or
electronic  means  with  intent to obtain a benefit or injure or defraud
another, or by such communication pretends to be  a  public  servant  in
order  to  induce another to submit to such authority or act in reliance
on such pretense.
  Criminal impersonation in the second degree is a class A misdemeanor.

S 190.26 Criminal impersonation in the first degree.
    A  person is guilty of criminal impersonation in the first degree when
  he:
    1. Pretends to be a  police  officer  or  a  federal  law  enforcement
  officer  as enumerated in section 2.15 of the criminal procedure law, or
  wears or  displays  without  authority,  any  uniform,  badge  or  other
  insignia  or  facsimile thereof, by which such police officer or federal
  law enforcement officer is lawfully distinguished or expresses by his or
  her words or actions that he or she  is  acting  with  the  approval  or
  authority   of  any  police  department  or  acting  as  a  federal  law
  enforcement officer with the approval of any agency that employs federal
  law enforcement officers as enumerated in section 2.15 of  the  criminal
  procedure law; and
    2.  So  acts with intent to induce another to submit to such pretended
  official authority or otherwise to act in reliance  upon  said  pretense
  and  in  the  course  of  such  pretense commits or attempts to commit a
  felony; or
    3. Pretending  to  be  a  duly  licensed  physician  or  other  person
  authorized  to  issue  a  prescription for any drug or any instrument or
  device used in  the  taking  or  administering  of  drugs  for  which  a
  prescription  is  required  by law, communicates to a pharmacist an oral
  prescription which is required to be  reduced  to  writing  pursuant  to
  section thirty-three hundred thirty-two of the public health law.
  Criminal impersonation in the first degree is a class E felony.

S 190.27 Criminal sale of a police uniform.
  A person is guilty of criminal sale of a police uniform when he or she
sells or offers for sale the uniform of any police officer to any
person, unless presented with a valid photo identification card showing
the purchaser to be a member of the police department which has
authorized the requested uniform or an authorization to purchase
specified uniforms signed by the police chief or the police commissioner
of such police department accompanied by a personal photo
identification. For purposes of this section, "police officer" shall
include federal law enforcement officers, as defined in section 2.15 of
the criminal procedure law; and "uniform" shall include all or any part
of the uniform which identifies the wearer as a member of a police
department, such as the uniform, shield, badge, numbers or other
identifying insignias or emblems.
  Criminal sale of a police uniform is a class A misdemeanor.

S 190.30 Unlawfully concealing a will.
  A person is guilty of unlawfully concealing a will when, with intent
to defraud, he conceals, secretes, suppresses, mutilates or destroys a
will, codicil or other testamentary instrument.
  Unlawfully concealing a will is a class E felony.
  
S 190.35 Misconduct by corporate official.
  A person is guilty of misconduct by corporate official when:
    1.  Being  a  director of a stock corporation, he knowingly concurs in
  any vote or act of the directors of such corporation, or any of them, by
  which it is intended:
    (a) To make a dividend except in the manner provided by law; or
    (b) To divide, withdraw or in any manner pay to  any  stockholder  any
  part  of  the  capital  stock  of  the  corporation except in the manner
  provided by law; or
    (c) To discount or receive any note  or  other  evidence  of  debt  in
  payment  of  an  installment  of  capital  stock  actually called in and
  required to be paid, or with intent to provide the means of making  such
  payment; or
    (d)  To  receive  or  discount any note or other evidence of debt with
  intent to enable any stockholder to withdraw any part of the money  paid
  in by him on his stock; or
    (e) To apply any portion of the funds of such corporation, directly or
  indirectly,  to  the  purchase of shares of its own stock, except in the
  manner provided by law; or
    2. Being a director or officer of a stock corporation:
    (a) He issues, participates in issuing, or concurs in a vote to  issue
  any increase of its capital stock beyond the amount of the capital stock
  thereof, duly authorized by or in pursuance of law; or
    (b)  He  sells,  or  agrees  to  sell,  or  is  directly or indirectly
  interested in the sale of any share of stock of such corporation, or  in
  any  agreement  to  sell  the  same,  unless at the time of such sale or
  agreement he is an  actual  owner  of  such  share,  provided  that  the
  foregoing shall not apply to a sale by or on behalf of an underwriter or
  dealer in connection with a bona fide public offering of shares of stock
  of such corporation.
  Misconduct by corporate official is a class B misdemeanor.

S 190.40 Criminal usury in the second degree.
  A person is guilty of criminal usury in the second degree when, not
being authorized or permitted by law to do so, he knowingly charges,
takes or receives any money or other property as interest on the loan or
forbearance of any money or other property, at a rate exceeding
twenty-five per centum per annum or the equivalent rate for a longer or
shorter period.
  Criminal usury in the second degree is a class E felony.
  
S 190.42 Criminal usury in the first degree.
  A person is guilty of criminal usury in the first degree when, not
being authorized or permitted by law to do so, he knowingly charges,
takes or receives any money or other property as interest on the loan or
forbearance of any money or other property, at a rate exceeding
twenty-five per centum per annum or the equivalent rate for a longer or
shorter period and either the actor had previously been convicted of the
crime of criminal usury or of the attempt to commit such crime, or the
actor`s conduct was part of a scheme or business of making or collecting
usurious loans.
  Criminal usury in the first degree is a class C felony.
  
S 190.45 Possession of usurious loan records.
  A person is guilty of possession of usurious loan records when, with
knowledge of the contents thereof, he possesses any writing, paper,
instrument or article used to record criminally usurious transactions
prohibited by section 190.40.
  Possession of usurious loan records is a class A misdemeanor.

S 190.50 Unlawful collection practices.
  A person is guilty of unlawful collection practices when, with intent
to enforce a claim or judgment for money or property, he knowingly
sends, mails or delivers to another person a notice, document or other
instrument which has no judicial or official sanction and which in its
format or appearance, simulates a summons, complaint, court order or
process, or an insignia, seal or printed form of a federal, state or
local government or an instrumentality thereof, or is otherwise
calculated to induce a belief that such notice, document or instrument
has a judicial or official sanction.
  Unlawful collection practices is a class B misdemeanor.
  
S 190.55 Making a false statement of credit terms.
  A person is guilty of making a false statement of credit terms when he
knowingly and willfully violates the provisions of chapter two of the
act of congress entitled "Truth in Lending Act" and the regulations
thereunder, as such act and regulations may from time to time be
amended, by understating or failing to state the interest rate required
to be disclosed, or by failing to make or by making a false or
inaccurate or incomplete statement of other credit terms in violation of
such act.
  Making a false statement of credit terms is a class A misdemeanor.

S 190.60 Scheme to defraud in the second degree.
  1. A person is guilty of a scheme to defraud in the second degree when
he engages in a scheme constituting a systematic ongoing course of
conduct with intent to defraud more than one person or to obtain
property from more than one person by false or fraudulent pretenses,
representations or promises, and so obtains property from one or more of
such persons.
  2. In any prosecution under this section, it shall be necessary to
prove the identity of at least one person from whom the defendant so
obtained property, but it shall not be necessary to prove the identity
of any other intended victim.
  Scheme to defraud in the second degree is a class A misdemeanor.

S 190.65 Scheme to defraud in the first degree.
  1.  A person is guilty of a scheme to defraud in the first degree when
he or she: (a) engages in a scheme  constituting  a  systematic  ongoing
course  of  conduct  with  intent  to  defraud ten or more persons or to
obtain property  from  ten  or  more  persons  by  false  or  fraudulent
pretenses, representations or promises, and so obtains property from one
or  more  of  such  persons;  or  (b) engages in a scheme constituting a
systematic ongoing course of conduct with intent to  defraud  more  than
one  person  or to obtain property from more than one person by false or
fraudulent  pretenses,  representations  or  promises,  and  so  obtains
property with a value in excess of one thousand dollars from one or more
such  persons;  or  (c)  engages  in  a scheme constituting a systematic
ongoing course of conduct with intent to defraud more than  one  person,
more  than  one  of  whom  is  a vulnerable elderly person as defined in
subdivision three of  section  260.30  of  this  chapter  or  to  obtain
property  from  more  than  one  person,  more  than  one  of  whom is a
vulnerable elderly person as defined in  subdivision  three  of  section
260.30   of   this   chapter,   by   false   or   fraudulent  pretenses,
representations or promises, and so obtains property from  one  or  more
such persons.
  2.  In  any  prosecution  under this section, it shall be necessary to
prove the identity of at least one person from  whom  the  defendant  so
obtained  property,  but it shall not be necessary to prove the identity
of any other intended victim, provided that  in  any  prosecution  under
paragraph  (c) of subdivision one of this section, it shall be necessary
to prove the identity of at least one such vulnerable elderly person  as
defined in subdivision three of section 260.30 of this chapter.
  Scheme to defraud in the first degree is a class E felony.

S 190.70 Scheme to defraud the state by unlawfully selling prescriptions.
  A person is guilty of a scheme to defraud the state by unlawfully
selling prescriptions when he or she engages, with intent to defraud the
state, in a scheme constituting a systematic, ongoing course of conduct
to make, sell, deliver for sale or offer for sale one or more
prescriptions and so obtains goods or services from the state with a
value in excess of one thousand dollars or causes the state to reimburse
another in excess of one thousand dollars for the delivery of such goods
or services.
  Scheme to defraud the state by unlawfully selling prescriptions is a
class A misdemeanor.

S 190.72 Unauthorized radio transmission.
  A  person  is  guilty  of an unauthorized radio transmission when such
person knowingly makes or causes to be made a radio transmission in this
state, on a  radio  frequency  assigned  and  licensed  by  the  federal
communications  commission  for  use  by amplitude modulation (AM) radio
stations between the frequencies of five hundred thirty kilohertz  (kHz)
to seventeen hundred kilohertz (kHz), or frequency modulation (FM) radio
stations  between the frequencies of eighty-eight megahertz (MHz) to one
hundred eight megahertz (MHz), without  authorization  or  having  first
obtained  a  license  from the federal communications commission or duly
authorized federal agency, in violation of federal law.
  Unauthorized radio transmission is a class A misdemeanor.

S 190.75 Criminal use of an access device in the second degree.
  A  person  is guilty of criminal use of an access device in the second
degree when he knowingly uses an access device  without  consent  of  an
owner  thereof  with  intent  to  unlawfully  obtain  telecommunications
services on behalf of himself  or  a  third  person.  As  used  in  this
section,  access  device shall have the meaning set forth in subdivision
seven-c of section 155.00 of this chapter.
  Criminal use of an access device in the second degree
  is a class A misdemeanor.

S 190.76 Criminal use of an access device in the first degree.
  A person is guilty of criminal use of an access device in the first
degree when he knowingly uses an access device without consent of an
owner thereof with intent to unlawfully obtain telecommunications
services on behalf of himself or a third person, and so obtains such
services with a value in excess of one thousand dollars.  As used in
this section, access device shall have the meaning set forth in
subdivision seven-c of section 155.00 of this chapter.
  Criminal use of an access device in the first degree is a class E felony.

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.

S 190.85 Unlawful possession of a skimmer device in the second degree.
  1.  A  person  is guilty of unlawful possession of a skimmer device in
the second degree when he or she possesses a  skimmer  device  with  the
intent  that such device be used in furtherance of the commission of the
crime  of  identity   theft   or   unlawful   possession   of   personal
identification information as defined in this article.
  2.  For  purposes  of  this  article,  "skimmer device" means a device
designed or adapted to obtain personal identifying  information  from  a
credit  card, debit card, public benefit card, access card or device, or
other card or device that contains personal identifying information.
Unlawful possession of a skimmer device in the second degree
 is a class A misdemeanor.

S 190.86 Unlawful possession of a skimmer device in the first degree.
  A  person  is guilty of unlawful possession of a skimmer device in the
  first degree when he or she commits the crime of unlawful possession  of
  a  skimmer device in the second degree and 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
  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 this section, 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.
Unlawful possession of a skimmer device in the first degree
 is a class E felony.

* S 190.87 Immigrant assistance services fraud in the second degree.
    A  person  is  guilty  of  immigrant  assistance services fraud in the
  second degree when,  with  intent  to  defraud  another  person  seeking
  immigrant  assistance  services, as defined in article twenty-eight-C of
  the general business law, from such person, he or she  violates  section
  four  hundred  sixty-d of the general business law with intent to obtain
  property from such  other  person  by  false  or  fraudulent  pretenses,
  representations   or  promises,  and  thereby  wrongfully  obtains  such
  property.
    Immigrant assistance services fraud in the second degree is a class  A
  misdemeanor.
    * NB Effective February 2, 2015

* S 190.89 Immigrant assistance services fraud in the first degree.
    A person is guilty of immigrant assistance services fraud in the first
  degree  when,  with  intent  to defraud another person seeking immigrant
  assistance services, as defined in article twenty-eight-C of the general
  business law, from such person, he or she violates section four  hundred
  sixty-d  of the general business law with intent to obtain property from
  such other person by false or fraudulent pretenses,  representations  or
  promises,  and  thereby wrongfully obtains such property with a value in
  excess of one thousand dollars.
    Immigrant assistance services fraud in the first degree is a  class  E
  felony.
    * NB Effective February 2, 2015

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