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ARTICLE 190
OTHER FRAUDS
Section 190.00 Issuing a bad check; definitions of terms.
190.05 Issuing a bad check.
190.10 Issuing a bad check; presumptions.
190.15 Issuing a bad check; defenses.
190.20 False advertising.
190.23 False personation.
190.25 Criminal impersonation in the second degree.
190.26 Criminal impersonation in the first degree.
190.27 Criminal sale of a police uniform.
190.30 Unlawfully concealing a will.
190.35 Misconduct by corporate official.
190.40 Criminal usury in the second degree.
190.42 Criminal usury in the first degree.
190.45 Possession of usurious loan records.
190.50 Unlawful collection practices.
190.55 Making a false statement of credit terms.
190.60 Scheme to defraud in the second degree.
190.65 Scheme to defraud in the first degree.
190.70 Scheme to defraud the state by unlawfully selling
prescriptions.
190.75 Criminal use of an access device in the second degree.
190.76 Criminal use of an access device in the first degree.
190.77 Offenses involving theft of identity; definitions.
190.78 Identity theft in the third degree.
190.79 Identity theft in the second degree.
190.80 Identity theft in the first degree.
190.81 Unlawful possession of personal identification
information in the third degree.
190.82 Unlawful possession of personal identification
information in the second degree.
190.83 Unlawful possession of personal identification
information in the first degree.
190.84 Defenses.
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.
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 wears or displays without
authority, any uniform, badge or other insignia or facsimile thereof, by
which such police officer is lawfully distinguished or expresses by his
words or actions that he is acting with the approval or authority of any
police department; 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: (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.
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 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 190.75 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 and 190.80 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, 190.81, 190.82
and 190.83 of this article:
a. "electronic signature" shall have the same meaning as defined in
subdivision three of section one 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.
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, 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, 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 190.81 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, 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 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.
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