| Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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|---|---|
| Jun 15, 2010 | reported and committed to rules |
| Jun 08, 2010 | reported and committed to finance |
| May 14, 2010 | referred to codes |
senate Bill S7843
2009-2010 Legislative Session
Provides a cogent and logical framework for the myriad identity theft laws that have been passed in response to the rapidly changing nature of identity theft crimes
Sponsored By
Eric T. Schneiderman
(D, WF) 0 Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Votes
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Jun 15, 2010 - Finance committee Vote
S7843310committee31Aye0Nay2Aye with Reservations0Absent0Excused0Abstained-
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Finance Committee Vote: Jun 15, 2010
aye (31)
Jun 8, 2010 - Codes committee Vote
S7843160committee16Aye0Nay0Aye with Reservations0Absent0Excused0Abstained -
show Finance committee vote details
S7843 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A10944
- Current Committee:
- Senate Rules
- Law Section:
- Penal Law
- Laws Affected:
- Rpld §§190.77 - 190.86, add Art 191 §§191.00 - 191.60, amd §§60.27, 460.10 & 490.05, Pen L; amd §§20.40 & 700.05, CP L; amd §§646 & 995, Exec L; amd §899-aa, Gen Bus L; amd §208, St Tech L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012: S737
2013-2014: S218
2015-2016: S148
2017-2018: S3654, S7065
2019-2020: S5146
2021-2022: S2857
2023-2024: S607
S7843 (ACTIVE) - Summary
Provides a cogent and logical framework for the myriad identity theft laws that have been passed in response to the rapidly changing nature of identity theft crimes; provides the dollar threshold for identity theft comparable to those in the grand larceny statutes; acknowledges that identity theft doesn't respect geographic boundaries.
S7843 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7843 TITLE OF BILL : An act to amend the penal law, the criminal procedure law, the executive law, the general business law and the state technology law, in relation to the crime of identity theft; and repealing certain provisions of the penal law and the criminal procedure law relating thereto GENERAL IDEA OF BILL : This legislation provides a cogent and logical framework for the myriad identity theft laws that have been passed in response to the rapidly changing nature of identity theft crimes. It makes the dollar threshold for identity theft comparable to those in the grand larceny statutes. SUMMARY OF SPECIFIC PROVISIONS : 1. PL §§190.77, 190.78, 190.79, 190.80, 190.80-a, 190.81, 190.82, 190.83, 190.84, 191.85, and 191.86 and CPL §700.05(8)(s) are repealed, and new PL §§ 191.00, 191.05, 191.10, 190.15, 191.20, 19125, 191.30, 191.35, 191.40, 191.45, 191.50, 191.55 and 191.60 and new CPL §700.05(8)(s) are added. The new Article 191 creates the E felony of Identity Theft in the Fourth Degree; the D felony of Identity Theft in the Third Degree, the C felony of Identity Theft in the Second Degree; and the B felony of Identity Theft in the First Degree. The Article includes vulnerable elderly people, minors, and physically and mentally disabled people into those protected by the Aggravated Identity Theft section. The
Article makes technical corrections to PL 191.35, 191.40 and 191.45 by changing personal identification information to personal identifying information, and including Social Security numbers in the definition. 2. CPL § 20.40(4)(1), PL §460.10(1) are amended to conform with the above Article 191. 3. General Business Law § 899-aa(b), and State Technology Law § 208(1)(a) are amended to include medical information and health insurance information in the list of identifying items and to define the terms "medical information" and "health insurance information." PURPOSE AND JUSTIFICATION : Identity theft as we know it did not exist a decade ago. The laws governing identity theft and related crimes reflect the attempt to keep pace with the constant evolution of this technology-driven crime. Unfortunately, the rapidity with which change occurred left legislators without the luxury of assessing the panacea of identity theft-related crimes and crafting a comprehensive law. The result is a patchwork of laws and amendments that allow some perpetrators to slip through the cracks. Identity theft continues to increase throughout New York State, and the economic recession has only accelerated this problem. in order to protect New Yorkers and to penalize thieves who steal identities as a means of illicitly procuring money, goods and services that rightfully belong to others, we need to revise the Identity Theft laws by creating a new Penal Law Article 191. These revisions recognize and address the reality that identity thieves often target multiple victims and steal large amounts of money. Therefore in addition to establishing dollar thresholds, the new article establishes thresholds for the number of victims a perpetrator steals from. The revisions also correct some technical problems with existing law. Most importantly, they create standard terminology regarding personal identifying information, which previously switched between "personal identifying" and "personal identification" information. Finally, it lists the most frequently found companion crimes and expands the venue provision that already existed in the identity theft laws to include those companion crimes. This is pragmatic legally and financially - defenders, prosecutors, courts, and defendants will no longer need to try parts of the same case in multiple counties, wasting resources and risking claims of double jeopardy. PRIOR LEGISLATIVE HISTORY : None FISCAL IMPLICATIONS : None EFFECTIVE DATE : This act shall take effect 30 days after it is signed into law.
S7843 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
7843
I N S E N A T E
May 14, 2010
___________
Introduced by Sen. SCHNEIDERMAN -- read twice and ordered printed, and
when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, the criminal procedure law, the executive
law, the general business law and the state technology law, in
relation to the crime of identity theft; and repealing certain
provisions of the penal law and the criminal procedure law relating
thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Sections 190.77, 190.78, 190.79, 190.80, 190.80-a, 190.81,
190.82, 190.83, 190.84, 190.85 and 190.86 of the penal law are REPEALED.
S 2. The penal law is amended by adding a new article 191 to read as
follows:
ARTICLE 191
IDENTITY THEFT
SECTION 191.00 OFFENSES INVOLVING THEFT OF IDENTITY; DEFINITIONS.
191.05 PETIT IDENTITY THEFT.
191.10 IDENTITY THEFT IN THE FOURTH DEGREE.
191.15 IDENTITY THEFT IN THE THIRD DEGREE.
191.20 IDENTITY THEFT IN THE SECOND DEGREE.
191.25 IDENTITY THEFT IN THE FIRST DEGREE.
191.26 IDENTITY THEFT OF MULTIPLE VICTIMS IN THE FOURTH DEGREE.
191.27 IDENTITY THEFT OF MULTIPLE VICTIMS IN THE THIRD DEGREE.
191.28 IDENTITY THEFT OF MULTIPLE VICTIMS IN THE SECOND DEGREE.
191.29 IDENTITY THEFT OF MULTIPLE VICTIMS IN THE FIRST DEGREE.
191.30 AGGRAVATED IDENTITY THEFT.
191.35 UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION
IN THE THIRD DEGREE.
191.40 UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION
IN THE SECOND DEGREE.
191.45 UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION
IN THE FIRST DEGREE.
191.50 DEFENSES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16861-03-0
S. 7843 2
191.55 UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE SECOND
DEGREE.
191.60 UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE FIRST
DEGREE.
S 191.00 OFFENSES INVOLVING THEFT OF IDENTITY; DEFINITIONS.
1. FOR THE PURPOSES OF THIS ARTICLE "PERSONAL IDENTIFYING INFORMATION"
MEANS A PERSON'S NAME, ADDRESS, TELEPHONE NUMBER, DATE OF BIRTH, DRIV-
ER'S LICENSE NUMBER, SOCIAL SECURITY NUMBER, PLACE OF EMPLOYMENT, MOTH-
ER'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 IDEN-
TIFICATION NUMBER, COMPUTER SYSTEM PASSWORD, SIGNATURE OR COPY OF A
SIGNATURE, ELECTRONIC SIGNATURE, UNIQUE BIOMETRIC DATA THAT IS A FINGER-
PRINT, VOICE PRINT, RETINAL IMAGE OR IRIS IMAGE OF ANOTHER PERSON, TELE-
PHONE CALLING CARD NUMBER, MOBILE IDENTIFICATION NUMBER OR CODE, ELEC-
TRONIC SERIAL NUMBER OR PERSONAL IDENTIFICATION NUMBER, MEDICAL
INFORMATION, MEDICAL INSURANCE INFORMATION, 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 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.
D. "MEDICAL INFORMATION" MEANS ANY INFORMATION REGARDING AN INDIVID-
UAL'S MEDICAL HISTORY, MENTAL OR PHYSICAL CONDITION, OR MEDICAL TREAT-
MENT OR DIAGNOSIS BY A HEALTH CARE PROFESSIONAL.
E. "MEDICAL INSURANCE INFORMATION" MEANS AN INDIVIDUAL'S HEALTH INSUR-
ANCE POLICY NUMBER OR SUBSCRIBER IDENTIFICATION NUMBER, ANY UNIQUE IDEN-
TIFIER USED BY A HEALTH INSURER TO IDENTIFY THE INDIVIDUAL OR ANY INFOR-
MATION IN AN INDIVIDUAL'S APPLICATION AND CLAIMS HISTORY, INCLUDING, BUT
NOT LIMITED TO, APPEALS HISTORY.
S 191.05 PETIT IDENTITY THEFT.
A PERSON IS GUILTY OF PETIT 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 THEREBY 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.
PETIT IDENTITY THEFT IS A CLASS A MISDEMEANOR.
S 191.10 IDENTITY THEFT IN THE FOURTH DEGREE.
A PERSON IS GUILTY OF IDENTITY THEFT IN THE FOURTH 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
S. 7843 3
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.
IDENTITY THEFT IN THE FOURTH DEGREE IS A CLASS E FELONY.
S 191.15 IDENTITY THEFT IN THE THIRD DEGREE.
A PERSON IS GUILTY OF IDENTIFY 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 IN AN AGGREGATE AMOUNT THAT EXCEEDS TWO THOU-
SAND 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 TO THE COMMISSION OF A CLASS D OR HIGHER
LEVEL FELONY; OR
4. COMMITS THE CRIME OF IDENTITY THEFT IN THE FOURTH DEGREE AS DEFINED
IN SECTION 191.10 OF THIS ARTICLE AND HAS BEEN PREVIOUSLY CONVICTED
WITHIN THE LAST FIVE YEARS OF PETIT IDENTITY THEFT AS DEFINED IN SECTION
191.05, IDENTITY THEFT IN THE FOURTH DEGREE AS DEFINED IN SECTION
191.10, IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED IN THIS SECTION,
IDENTITY THEFT IN THE SECOND DEGREE AS DEFINED IN SECTION 191.20, IDEN-
TITY THEFT IN THE FIRST DEGREE AS DEFINED IN SECTION 191.25, IDENTITY
THEFT OF MULTIPLE VICTIMS IN THE FOURTH DEGREE AS DEFINED IN SECTION
191.26, IDENTITY THEFT OF MULTIPLE VICTIMS IN THE THIRD DEGREE AS
DEFINED IN SECTION 191.27, IDENTITY THEFT OF MULTIPLE VICTIMS IN THE
SECOND DEGREE AS DEFINED IN SECTION 191.28, IDENTITY THEFT OF MULTIPLE
VICTIMS IN THE FIRST DEGREE AS DEFINED IN SECTION 191.29, UNLAWFUL
POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE THIRD DEGREE AS
DEFINED IN SECTION 191.35, UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING
INFORMATION IN THE SECOND DEGREE AS DEFINED IN SECTION 191.40, UNLAWFUL
POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE FIRST DEGREE AS
DEFINED IN SECTION 191.45, UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN
THE SECOND DEGREE AS DEFINED IN SECTION 191.55, UNLAWFUL POSSESSION OF A
SKIMMER DEVICE IN THE FIRST DEGREE AS DEFINED IN SECTION 191.60, 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, CRIMINAL POSSESSION OF A FORGED
INSTRUMENT IN THE THIRD DEGREE AS DEFINED IN SECTION 170.20, CRIMINAL
POSSESSION OF A FORGED INSTRUMENT IN THE SECOND DEGREE AS DEFINED IN
SECTION 170.25, CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE FIRST
DEGREE AS DEFINED IN SECTION 170.30, CRIMINAL POSSESSION OF STOLEN PROP-
ERTY IN THE FIFTH DEGREE AS DEFINED IN SECTION 165.40, CRIMINAL
POSSESSION OF STOLEN PROPERTY IN THE FOURTH DEGREE AS DEFINED IN SECTION
165.45, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE THIRD DEGREE AS
DEFINED IN SECTION 165.50, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE
SECOND DEGREE AS DEFINED IN SECTION 165.52, CRIMINAL POSSESSION OF
S. 7843 4
STOLEN PROPERTY IN THE FIRST DEGREE AS DEFINED IN SECTION 165.54, OR
CRIMINAL POSSESSION OF FORGERY DEVICES AS DEFINED IN SECTION 170.40 OF
THIS CHAPTER.
IDENTITY THEFT IN THE THIRD DEGREE IS A CLASS D FELONY.
S 191.20 IDENTITY THEFT IN THE SECOND DEGREE.
A PERSON IS GUILTY OF IDENTITY 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
TWENTY-FIVE THOUSAND DOLLARS; OR
2. CAUSES FINANCIAL LOSS TO SUCH PERSON OR TO ANOTHER PERSON OR
PERSONS IN AN AGGREGATE AMOUNT THAT EXCEEDS TWENTY-FIVE THOUSAND
DOLLARS; OR
3. COMMITS OR ATTEMPTS TO COMMIT A CLASS C FELONY OR HIGHER LEVEL
CRIME OR ACTS AS AN ACCESSORY IN THE COMMISSION OF A CLASS C OR HIGHER
LEVEL FELONY; OR
4. COMMITS THE CRIME OF IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED
IN SECTION 191.15 OF THIS ARTICLE AND HAS BEEN PREVIOUSLY CONVICTED
WITHIN THE LAST FIVE YEARS OF PETIT IDENTITY THEFT AS DEFINED IN SECTION
191.05, IDENTITY THEFT IN THE FOURTH DEGREE AS DEFINED IN SECTION
191.10, IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED IN SECTION 191.15,
IDENTITY THEFT IN THE SECOND DEGREE AS DEFINED IN THIS SECTION, IDENTITY
THEFT IN THE FIRST DEGREE AS DEFINED IN SECTION 191.25, IDENTITY THEFT
OF MULTIPLE VICTIMS IN THE FOURTH DEGREE AS DEFINED IN SECTION 191.26,
IDENTITY THEFT OF MULTIPLE VICTIMS IN THE THIRD DEGREE AS DEFINED IN
SECTION 191.27, IDENTITY THEFT OF MULTIPLE VICTIMS IN THE SECOND DEGREE
AS DEFINED IN SECTION 191.28, IDENTITY THEFT OF MULTIPLE VICTIMS IN THE
FIRST DEGREE AS DEFINED IN SECTION 191.29, UNLAWFUL POSSESSION OF
PERSONAL IDENTIFYING INFORMATION IN THE THIRD DEGREE AS DEFINED IN
SECTION 191.35, UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION
IN THE SECOND DEGREE AS DEFINED IN SECTION 191.40, UNLAWFUL POSSESSION
OF PERSONAL IDENTIFYING INFORMATION IN THE FIRST DEGREE AS DEFINED IN
SECTION 191.45, UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE SECOND
DEGREE AS DEFINED IN SECTION 191.55, UNLAWFUL POSSESSION OF A SKIMMER
DEVICE IN THE FIRST DEGREE AS DEFINED IN SECTION 191.60, 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, CRIMINAL POSSESSION OF A FORGED INSTRUMENT
IN THE THIRD DEGREE AS DEFINED IN SECTION 170.20, CRIMINAL POSSESSION OF
A FORGED INSTRUMENT IN THE SECOND DEGREE AS DEFINED IN SECTION 170.25,
CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE FIRST DEGREE AS
DEFINED IN SECTION 170.30, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE
FIFTH DEGREE AS DEFINED IN SECTION 165.40, CRIMINAL POSSESSION OF STOLEN
PROPERTY IN THE FOURTH DEGREE AS DEFINED IN SECTION 165.45, CRIMINAL
POSSESSION OF STOLEN PROPERTY IN THE THIRD DEGREE AS DEFINED IN SECTION
165.50, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE SECOND DEGREE AS
DEFINED IN SECTION 165.52, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE
FIRST DEGREE AS DEFINED IN SECTION 165.54, OR CRIMINAL POSSESSION OF
FORGERY DEVICES AS DEFINED IN SECTION 170.40 OF THIS CHAPTER.
IDENTITY THEFT IN THE SECOND DEGREE IS A CLASS C FELONY.
S 191.25 IDENTITY THEFT IN THE FIRST DEGREE.
S. 7843 5
A PERSON IS GUILTY OF IDENTIFY 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
HUNDRED THOUSAND DOLLARS; OR
2. CAUSES FINANCIAL LOSS TO SUCH PERSON OR TO ANOTHER PERSON OR
PERSONS IN AN AGGREGATE AMOUNT THAT EXCEEDS TWO HUNDRED THOUSAND
DOLLARS; OR
3. COMMITS OR ATTEMPTS TO COMMIT A CLASS B FELONY OR HIGHER LEVEL
CRIME OR ACTS AS AN ACCESSORY IN THE COMMISSION OF A CLASS B OR HIGHER
LEVEL FELONY; OR
4. COMMITS THE CRIME OF IDENTITY THEFT IN THE SECOND DEGREE AS DEFINED
IN SECTION 191.20 OF THIS ARTICLE AND HAS BEEN PREVIOUSLY CONVICTED
WITHIN THE LAST FIVE YEARS OF PETIT IDENTITY THEFT AS DEFINED IN SECTION
191.05, IDENTITY THEFT IN THE FOURTH DEGREE AS DEFINED IN SECTION
191.10, IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED IN SECTION 191.15,
IDENTITY THEFT IN THE SECOND DEGREE AS DEFINED IN SECTION 191.20 OF THIS
ARTICLE, IDENTITY THEFT IN THE FIRST DEGREE AS DEFINED IN THIS SECTION,
IDENTITY THEFT OF MULTIPLE VICTIMS IN THE FOURTH DEGREE AS DEFINED IN
SECTION 191.26, IDENTITY THEFT OF MULTIPLE VICTIMS IN THE THIRD DEGREE
AS DEFINED IN SECTION 191.27, IDENTITY THEFT OF MULTIPLE VICTIMS IN THE
SECOND DEGREE AS DEFINED IN SECTION 191.28, IDENTITY THEFT OF MULTIPLE
VICTIMS IN THE FIRST DEGREE AS DEFINED IN SECTION 191.29, UNLAWFUL
POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE SECOND DEGREE AS
DEFINED IN SECTION 191.40, UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING
INFORMATION IN THE FIRST DEGREE AS DEFINED IN SECTION 191.45, UNLAWFUL
POSSESSION OF A SKIMMER DEVICE IN THE SECOND DEGREE AS DEFINED IN
SECTION 191.55, UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE FIRST
DEGREE AS DEFINED IN SECTION 191.60, 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, CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE THIRD
DEGREE AS DEFINED IN SECTION 170.20, CRIMINAL POSSESSION OF A FORGED
INSTRUMENT IN THE SECOND DEGREE AS DEFINED IN SECTION 170.25, CRIMINAL
POSSESSION OF A FORGED INSTRUMENT IN THE FIRST DEGREE AS DEFINED IN
SECTION 170.30, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE FIFTH
DEGREE AS DEFINED IN SECTION 165.40, CRIMINAL POSSESSION OF STOLEN PROP-
ERTY IN THE FOURTH DEGREE AS DEFINED IN SECTION 165.45, CRIMINAL
POSSESSION OF STOLEN PROPERTY IN THE THIRD DEGREE AS DEFINED IN SECTION
165.50, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE SECOND DEGREE AS
DEFINED IN SECTION 165.52, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE
FIRST DEGREE AS DEFINED IN SECTION 165.54, OR CRIMINAL POSSESSION OF
FORGERY DEVICES AS DEFINED IN SECTION 170.40 OF THIS CHAPTER.
IDENTITY THEFT IN THE FIRST DEGREE IS A CLASS B FELONY.
S 191.26 IDENTITY THEFT OF MULTIPLE VICTIMS IN THE FOURTH DEGREE.
A PERSON IS GUILTY OF IDENTITY THEFT OF MULTIPLE VICTIMS IN THE FOURTH
DEGREE WHEN HE OR SHE KNOWINGLY, AND WITH INTENT TO DEFRAUD, ASSUMES THE
IDENTITY OF THREE OR MORE PERSONS BY PRESENTING HIMSELF OR HERSELF AS
THOSE OTHER PERSONS, OR BY ACTING AS THOSE OTHER PERSONS, OR BY USING
PERSONAL IDENTIFYING INFORMATION OF THOSE OTHER PERSONS, AND THEREBY:
S. 7843 6
1. OBTAINS GOODS, MONEY, MEDICAL INFORMATION, HEALTH INFORMATION,
PROPERTY OR SERVICES OR USES CREDIT IN THE NAME OF THOSE PERSONS, IN AN
AGGREGATE AMOUNT THAT EXCEEDS FIVE HUNDRED DOLLARS; OR
2. CAUSES FINANCIAL LOSS TO SUCH PERSONS, 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.
IDENTITY THEFT OF MULTIPLE VICTIMS IN THE FOURTH DEGREE IS A CLASS E
FELONY.
S 191.27 IDENTITY THEFT OF MULTIPLE VICTIMS IN THE THIRD DEGREE.
A PERSON IS GUILTY OF IDENTITY THEFT OF MULTIPLE VICTIMS IN THE THIRD
DEGREE WHEN HE OR SHE KNOWINGLY, AND WITH INTENT TO DEFRAUD, ASSUMES THE
IDENTITY OF TEN OR MORE PERSONS BY PRESENTING HIMSELF OR HERSELF AS
THOSE OTHER PERSONS, OR BY ACTING AS THOSE OTHER PERSONS, OR BY USING
PERSONAL IDENTIFYING INFORMATION OF THOSE OTHER PERSONS, AND THEREBY:
1. OBTAINS GOODS, MONEY, MEDICAL INFORMATION, HEALTH INFORMATION,
PROPERTY OR SERVICES OR USES CREDIT IN THE NAME OF THOSE PERSONS, IN AN
AGGREGATE AMOUNT THAT EXCEEDS TWO THOUSAND DOLLARS; OR
2. CAUSES FINANCIAL LOSS TO SUCH PERSONS, 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 FOURTH DEGREE AS DEFINED
IN SECTION 191.10 OF THIS ARTICLE AND HAS BEEN PREVIOUSLY CONVICTED
WITHIN THE LAST FIVE YEARS OF PETIT IDENTITY THEFT AS DEFINED IN SECTION
191.05, IDENTITY THEFT IN THE FOURTH DEGREE AS DEFINED IN SECTION
191.10, IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED IN SECTION 191.15,
IDENTITY THEFT IN THE SECOND DEGREE AS DEFINED IN SECTION 191.20, IDEN-
TITY THEFT IN THE FIRST DEGREE AS DEFINED IN SECTION 191.25, IDENTITY
THEFT OF MULTIPLE VICTIMS IN THE FOURTH DEGREE AS DEFINED IN SECTION
191.26, IDENTITY THEFT OF MULTIPLE VICTIMS IN THE THIRD DEGREE AS
DEFINED IN THIS SECTION, IDENTITY THEFT OF MULTIPLE VICTIMS IN THE
SECOND DEGREE AS DEFINED IN SECTION 191.28, IDENTITY THEFT OF MULTIPLE
VICTIMS IN THE FIRST DEGREE AS DEFINED IN SECTION 191.29, UNLAWFUL
POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE THIRD DEGREE AS
DEFINED IN SECTION 191.35, UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING
INFORMATION IN THE SECOND DEGREE AS DEFINED IN SECTION 191.40, UNLAWFUL
POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE FIRST DEGREE AS
DEFINED IN SECTION 191.45, UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN
THE SECOND DEGREE AS DEFINED IN SECTION 191.55, UNLAWFUL POSSESSION OF A
SKIMMER DEVICE IN THE FIRST DEGREE AS DEFINED IN SECTION 191.60, 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, GRAND LARCENY IN THE FIRST
DEGREE AS DEFINED IN SECTION 155.42, CRIMINAL POSSESSION OF A FORGED
INSTRUMENT IN THE THIRD DEGREE AS DEFINED IN SECTION 170.20, CRIMINAL
POSSESSION OF A FORGED INSTRUMENT IN THE SECOND DEGREE AS DEFINED IN
SECTION 170.25, CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE FIRST
DEGREE AS DEFINED IN SECTION 170.30, CRIMINAL POSSESSION OF STOLEN PROP-
ERTY IN THE FIFTH DEGREE AS DEFINED IN SECTION 165.40, CRIMINAL
POSSESSION OF STOLEN PROPERTY IN THE FOURTH DEGREE AS DEFINED IN SECTION
165.45, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE THIRD DEGREE AS
DEFINED IN SECTION 165.50, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE
SECOND DEGREE AS DEFINED IN SECTION 165.52, CRIMINAL POSSESSION OF
STOLEN PROPERTY IN THE FIRST DEGREE AS DEFINED IN SECTION 165.54, OR
S. 7843 7
CRIMINAL POSSESSION OF FORGERY DEVICES AS DEFINED IN SECTION 170.40 OF
THIS CHAPTER.
IDENTITY THEFT OF MULTIPLE VICTIMS IN THE THIRD DEGREE IS A CLASS D
FELONY.
S 191.28 IDENTITY THEFT OF MULTIPLE VICTIMS IN THE SECOND DEGREE.
A PERSON IS GUILTY OF IDENTITY THEFT OF MULTIPLE VICTIMS IN THE SECOND
DEGREE WHEN HE OR SHE KNOWINGLY, AND WITH INTENT TO DEFRAUD, ASSUMES THE
IDENTITY OF TWENTY-FIVE OR MORE PERSONS BY PRESENTING HIMSELF OR HERSELF
AS THOSE OTHER PERSONS, OR BY ACTING AS THOSE OTHER PERSONS, OR BY USING
PERSONAL IDENTIFYING INFORMATION OF THOSE OTHER PERSONS, AND THEREBY:
1. OBTAINS GOODS, MONEY, MEDICAL INFORMATION, HEALTH INFORMATION,
PROPERTY OR SERVICES OR USES CREDIT IN THE NAME OF THOSE PERSONS, IN AN
AGGREGATE AMOUNT THAT EXCEEDS TWENTY-FIVE THOUSAND DOLLARS; OR
2. CAUSES FINANCIAL LOSS TO SUCH PERSONS, OR TO ANOTHER PERSON OR
PERSONS IN AN AGGREGATE AMOUNT THAT EXCEEDS TWENTY-FIVE THOUSAND
DOLLARS; OR
3. COMMITS OR ATTEMPTS TO COMMIT A CLASS C FELONY OR HIGHER LEVEL
CRIME OR ACTS AS AN ACCESSORY IN THE COMMISSION OF A CLASS C OR HIGHER
LEVEL FELONY; OR
4. COMMITS THE CRIME OF IDENTITY THEFT IN THE FOURTH DEGREE AS DEFINED
IN SECTION 191.10 OF THIS ARTICLE AND HAS BEEN PREVIOUSLY CONVICTED
WITHIN THE LAST FIVE YEARS OF PETIT IDENTITY THEFT AS DEFINED IN SECTION
191.05, IDENTITY THEFT IN THE FOURTH DEGREE AS DEFINED IN SECTION
191.10, IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED IN SECTION 191.15,
IDENTITY THEFT IN THE SECOND DEGREE AS DEFINED IN SECTION 191.20, IDEN-
TITY THEFT IN THE FIRST DEGREE AS DEFINED IN SECTION 191.25, IDENTITY
THEFT OF MULTIPLE VICTIMS IN THE FOURTH DEGREE AS DEFINED IN SECTION
191.26, IDENTITY THEFT OF MULTIPLE VICTIMS IN THE THIRD DEGREE AS
DEFINED IN SECTION 191.27, IDENTITY THEFT OF MULTIPLE VICTIMS IN THE
SECOND DEGREE AS DEFINED IN THIS SECTION, IDENTITY THEFT OF MULTIPLE
VICTIMS IN THE FIRST DEGREE AS DEFINED IN SECTION 191.29, UNLAWFUL
POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE THIRD DEGREE AS
DEFINED IN SECTION 191.35, UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING
INFORMATION IN THE SECOND DEGREE AS DEFINED IN SECTION 191.40, UNLAWFUL
POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE FIRST DEGREE AS
DEFINED IN SECTION 191.45, UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN
THE SECOND DEGREE AS DEFINED IN SECTION 191.55, UNLAWFUL POSSESSION OF A
SKIMMER DEVICE IN THE FIRST DEGREE AS DEFINED IN SECTION 191.60, 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, GRAND LARCENY IN THE FIRST
DEGREE AS DEFINED IN SECTION 155.42, CRIMINAL POSSESSION OF A FORGED
INSTRUMENT IN THE THIRD DEGREE AS DEFINED IN SECTION 170.20, CRIMINAL
POSSESSION OF A FORGED INSTRUMENT IN THE SECOND DEGREE AS DEFINED IN
SECTION 170.25, CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE FIRST
DEGREE AS DEFINED IN SECTION 170.30, CRIMINAL POSSESSION OF STOLEN PROP-
ERTY IN THE FIFTH DEGREE AS DEFINED IN SECTION 165.40, CRIMINAL
POSSESSION OF STOLEN PROPERTY IN THE FOURTH DEGREE AS DEFINED IN SECTION
165.45, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE THIRD DEGREE AS
DEFINED IN SECTION 165.50, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE
SECOND DEGREE AS DEFINED IN SECTION 165.52, CRIMINAL POSSESSION OF
STOLEN PROPERTY IN THE FIRST DEGREE AS DEFINED IN SECTION 165.54, OR
CRIMINAL POSSESSION OF FORGERY DEVICES AS DEFINED IN SECTION 170.40 OF
THIS CHAPTER.
IDENTITY THEFT OF MULTIPLE VICTIMS IN THE SECOND DEGREE IS A CLASS C
FELONY.
S. 7843 8
S 191.29 IDENTITY THEFT OF MULTIPLE VICTIMS IN THE FIRST DEGREE.
A PERSON IS GUILTY OF IDENTITY THEFT OF MULTIPLE VICTIMS IN THE FIRST
DEGREE WHEN HE OR SHE KNOWINGLY, AND WITH INTENT TO DEFRAUD, ASSUMES THE
IDENTITY OF FIFTY OR MORE PERSONS BY PRESENTING HIMSELF OR HERSELF AS
THOSE OTHER PERSONS, OR BY ACTING AS THOSE OTHER PERSONS, OR BY USING
PERSONAL IDENTIFYING INFORMATION OF THOSE OTHER PERSONS, AND THEREBY:
1. OBTAINS GOODS, MONEY, MEDICAL INFORMATION, HEALTH INFORMATION,
PROPERTY OR SERVICES OR USES CREDIT IN THE NAME OF THOSE PERSONS, IN AN
AGGREGATE AMOUNT THAT EXCEEDS TWO HUNDRED THOUSAND DOLLARS; OR
2. CAUSES FINANCIAL LOSS TO SUCH PERSONS, OR TO ANOTHER PERSON OR
PERSONS IN AN AGGREGATE AMOUNT THAT EXCEEDS TWO HUNDRED THOUSAND
DOLLARS; OR
3. COMMITS OR ATTEMPTS TO COMMIT A CLASS B FELONY OR HIGHER LEVEL
CRIME OR ACTS AS AN ACCESSORY IN THE COMMISSION OF A CLASS B OR HIGHER
LEVEL FELONY; OR
4. COMMITS THE CRIME OF IDENTITY THEFT IN THE FOURTH DEGREE AS DEFINED
IN SECTION 191.10 OF THIS ARTICLE AND HAS BEEN PREVIOUSLY CONVICTED
WITHIN THE LAST FIVE YEARS OF PETIT IDENTITY THEFT AS DEFINED IN SECTION
191.05, IDENTITY THEFT IN THE FOURTH DEGREE AS DEFINED IN SECTION
191.10, IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED IN SECTION 191.15,
IDENTITY THEFT IN THE SECOND DEGREE AS DEFINED IN SECTION 191.20, IDEN-
TITY THEFT IN THE FIRST DEGREE AS DEFINED IN SECTION 191.25, IDENTITY
THEFT OF MULTIPLE VICTIMS IN THE FOURTH DEGREE AS DEFINED IN SECTION
191.26, IDENTITY THEFT OF MULTIPLE VICTIMS IN THE THIRD DEGREE AS
DEFINED IN SECTION 191.27, IDENTITY THEFT OF MULTIPLE VICTIMS IN THE
SECOND DEGREE AS DEFINED IN SECTION 191.28, IDENTITY THEFT OF MULTIPLE
VICTIMS IN THE FIRST DEGREE AS DEFINED IN THIS SECTION, UNLAWFUL
POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE THIRD DEGREE AS
DEFINED IN SECTION 191.35, UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING
INFORMATION IN THE SECOND DEGREE AS DEFINED IN SECTION 191.40, UNLAWFUL
POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE FIRST DEGREE AS
DEFINED IN SECTION 191.45, UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN
THE SECOND DEGREE AS DEFINED IN SECTION 191.55, UNLAWFUL POSSESSION OF A
SKIMMER DEVICE IN THE FIRST DEGREE AS DEFINED IN SECTION 191.60, 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, GRAND LARCENY IN THE FIRST
DEGREE AS DEFINED IN SECTION 155.42, CRIMINAL POSSESSION OF A FORGED
INSTRUMENT IN THE THIRD DEGREE AS DEFINED IN SECTION 170.20, CRIMINAL
POSSESSION OF A FORGED INSTRUMENT IN THE SECOND DEGREE AS DEFINED IN
SECTION 170.25, CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE FIRST
DEGREE AS DEFINED IN SECTION 170.30, CRIMINAL POSSESSION OF STOLEN PROP-
ERTY IN THE FIFTH DEGREE AS DEFINED IN SECTION 165.40, CRIMINAL
POSSESSION OF STOLEN PROPERTY IN THE FOURTH DEGREE AS DEFINED IN SECTION
165.45, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE THIRD DEGREE AS
DEFINED IN SECTION 165.50, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE
SECOND DEGREE AS DEFINED IN SECTION 165.52, CRIMINAL POSSESSION OF
STOLEN PROPERTY IN THE FIRST DEGREE AS DEFINED IN SECTION 165.54, OR
CRIMINAL POSSESSION OF FORGERY DEVICES AS DEFINED IN SECTION 170.40 OF
THIS CHAPTER.
IDENTITY THEFT OF MULTIPLE VICTIMS IN THE FIRST DEGREE IS A CLASS B
FELONY.
S 191.30 AGGRAVATED IDENTITY THEFT.
A PERSON IS GUILTY OF AGGRAVATED IDENTITY THEFT WHEN HE OR SHE KNOW-
INGLY AND WITH INTENT TO DEFRAUD ASSUMES THE IDENTITY OF ANOTHER PERSON
BY PRESENTING HIMSELF OR HERSELF AS THAT OTHER PERSON, OR BY ACTING AS
S. 7843 9
THAT OTHER PERSON OR BY USING PERSONAL IDENTIFYING INFORMATION OF THAT
OTHER PERSON, AND:
1. 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:
A. 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
B. THEREBY CAUSES FINANCIAL LOSS TO SUCH MEMBER OF THE ARMED FORCES IN
AN AGGREGATE AMOUNT THAT EXCEEDS FIVE HUNDRED DOLLARS; OR
2. KNOWS THAT SUCH PERSON IS A VULNERABLE ELDERLY PERSON AS DEFINED IN
SUBDIVISION THREE OF SECTION 260.31 OF THIS CHAPTER OR A PERSON WHO IS
UNABLE TO CARE FOR HIMSELF OR HERSELF BECAUSE OF PHYSICAL DISABILITY,
MENTAL DISEASE OR DEFECT, OR BECAUSE HE OR SHE IS A MINOR AND:
A. THEREBY OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT
IN THE NAME OF SUCH PERSON IN AN AGGREGATE AMOUNT THAT EXCEEDS FIVE
HUNDRED DOLLARS; OR
B. THEREBY CAUSES FINANCIAL LOSS TO SUCH PERSON IN AN AGGREGATE AMOUNT
THAT EXCEEDS FIVE HUNDRED DOLLARS.
AGGRAVATED IDENTITY THEFT IS A CLASS D FELONY.
S 191.35 UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE
THIRD DEGREE.
A PERSON IS GUILTY OF UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING
INFORMATION IN THE THIRD DEGREE WHEN HE OR SHE KNOWINGLY POSSESSES A
PERSON'S PERSONAL IDENTIFYING INFORMATION AS DEFINED IN SECTION 191.00
OF THIS ARTICLE 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 IDENTIFYING INFORMATION IN THE THIRD
DEGREE IS A CLASS A MISDEMEANOR.
S 191.40 UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE
SECOND DEGREE.
A PERSON IS GUILTY OF UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING
INFORMATION IN THE SECOND DEGREE WHEN HE OR SHE KNOWINGLY POSSESSES
FIFTY OR MORE ITEMS OF PERSONAL IDENTIFYING INFORMATION AS DEFINED IN
SECTION 191.00 OF THIS ARTICLE KNOWING SUCH INFORMATION IS INTENDED TO
BE USED IN FURTHERANCE OF THE COMMISSION OF A CRIME DEFINED IN THIS
CHAPTER.
UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE SECOND
DEGREE IS A CLASS E FELONY.
S 191.45 UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE
FIRST DEGREE.
A PERSON IS GUILTY OF UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING
INFORMATION IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME OF
UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE SECOND
DEGREE AND:
1. WITH INTENT TO FURTHER THE COMMISSION OF IDENTITY THEFT IN THE
THIRD DEGREE, HE OR SHE SUPERVISES MORE THAN THREE ACCOMPLICES; OR
2. HE OR SHE HAS BEEN PREVIOUSLY CONVICTED WITHIN THE LAST FIVE YEARS
OF PETIT IDENTITY THEFT AS DEFINED IN SECTION 191.05, IDENTITY THEFT IN
THE FOURTH DEGREE AS DEFINED IN SECTION 191.10, IDENTITY THEFT IN THE
THIRD DEGREE AS DEFINED IN SECTION 191.15, IDENTITY THEFT IN THE SECOND
DEGREE AS DEFINED IN SECTION 191.20, IDENTITY THEFT IN THE FIRST DEGREE
AS DEFINED IN SECTION 191.25, IDENTITY THEFT OF MULTIPLE VICTIMS IN THE
FOURTH DEGREE AS DEFINED IN SECTION 191.26, IDENTITY THEFT OF MULTIPLE
VICTIMS IN THE THIRD DEGREE AS DEFINED IN SECTION 191.27, IDENTITY THEFT
S. 7843 10
OF MULTIPLE VICTIMS IN THE SECOND DEGREE AS DEFINED IN SECTION 191.28,
IDENTITY THEFT OF MULTIPLE VICTIMS IN THE FIRST DEGREE AS DEFINED IN
SECTION 191.29, UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION
IN THE THIRD DEGREE AS DEFINED IN SECTION 191.35, UNLAWFUL POSSESSION OF
PERSONAL IDENTIFYING INFORMATION IN THE SECOND DEGREE AS DEFINED IN
SECTION 191.40, UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION
IN THE FIRST DEGREE AS DEFINED IN THIS SECTION, UNLAWFUL POSSESSION OF A
SKIMMER DEVICE IN THE SECOND DEGREE AS DEFINED IN SECTION 191.55, UNLAW-
FUL POSSESSION OF A SKIMMER DEVICE IN THE FIRST DEGREE AS DEFINED IN
SECTION 191.60, 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, CRIMINAL
POSSESSION OF A FORGED INSTRUMENT IN THE THIRD DEGREE AS DEFINED IN
SECTION 170.20, CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE SECOND
DEGREE AS DEFINED IN SECTION 170.25, CRIMINAL POSSESSION OF A FORGED
INSTRUMENT IN THE FIRST DEGREE AS DEFINED IN SECTION 170.30, CRIMINAL
POSSESSION OF STOLEN PROPERTY IN THE FIFTH DEGREE AS DEFINED IN SECTION
165.40, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE FOURTH DEGREE AS
DEFINED IN SECTION 165.45, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE
THIRD DEGREE AS DEFINED IN SECTION 165.50, CRIMINAL POSSESSION OF STOLEN
PROPERTY IN THE SECOND DEGREE AS DEFINED IN SECTION 165.52, CRIMINAL
POSSESSION OF STOLEN PROPERTY IN THE FIRST DEGREE AS DEFINED IN SECTION
165.54, OR CRIMINAL POSSESSION OF FORGERY DEVICES AS DEFINED IN SECTION
170.40 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 IDENTIFYING INFORMA-
TION 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 IDENTIFYING INFORMATION IN THE FIRST
DEGREE IS A CLASS D FELONY.
S 191.50 DEFENSES.
IN ANY PROSECUTION FOR IDENTITY THEFT OR UNLAWFUL POSSESSION OF
PERSONAL IDENTIFYING 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 INFOR-
MATION 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 INFOR-
MATION OF ANOTHER SOLELY FOR THE PURPOSE OF PURCHASING TOBACCO PRODUCTS;
OR
3. USED OR POSSESSED THE PERSONAL IDENTIFYING 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 191.55 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 IDENTIFYING
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
S. 7843 11
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 191.60 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 FOURTH
DEGREE AS DEFINED IN SECTION 191.10, IDENTITY THEFT IN THE THIRD DEGREE
AS DEFINED IN SECTION 191.15, IDENTITY THEFT IN THE SECOND DEGREE AS
DEFINED IN SECTION 191.20, IDENTITY THEFT IN THE FIRST DEGREE AS DEFINED
IN SECTION 191.25, IDENTITY THEFT OF MULTIPLE VICTIMS IN THE FOURTH
DEGREE AS DEFINED IN SECTION 191.26, IDENTITY THEFT OF MULTIPLE VICTIMS
IN THE THIRD DEGREE AS DEFINED IN SECTION 191.27, IDENTITY THEFT OF
MULTIPLE VICTIMS IN THE SECOND DEGREE AS DEFINED IN SECTION 191.28,
IDENTITY THEFT OF MULTIPLE VICTIMS IN THE FIRST DEGREE AS DEFINED IN
SECTION 191.29, UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION
IN THE THIRD DEGREE AS DEFINED IN SECTION 191.35, UNLAWFUL POSSESSION OF
PERSONAL IDENTIFYING INFORMATION IN THE SECOND DEGREE AS DEFINED IN
SECTION 191.40, UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION
IN THE FIRST DEGREE AS DEFINED IN SECTION 191.45, UNLAWFUL POSSESSION OF
A SKIMMER DEVICE IN THE SECOND DEGREE AS DEFINED IN SECTION 191.55,
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,
GRAND LARCENY IN THE FIRST DEGREE AS DEFINED IN SECTION 155.42, CRIMINAL
POSSESSION OF A FORGED INSTRUMENT IN THE THIRD DEGREE AS DEFINED IN
SECTION 170.20, CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE SECOND
DEGREE AS DEFINED IN SECTION 170.25, CRIMINAL POSSESSION OF A FORGED
INSTRUMENT IN THE FIRST DEGREE AS DEFINED IN SECTION 170.30, CRIMINAL
POSSESSION OF STOLEN PROPERTY IN THE FIFTH DEGREE AS DEFINED IN SECTION
165.40, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE FOURTH DEGREE AS
DEFINED IN SECTION 165.45, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE
THIRD DEGREE AS DEFINED IN SECTION 165.50, CRIMINAL POSSESSION OF STOLEN
PROPERTY IN THE SECOND DEGREE AS DEFINED IN SECTION 165.52, CRIMINAL
POSSESSION OF STOLEN PROPERTY IN THE FIRST DEGREE AS DEFINED IN SECTION
165.54, OR CRIMINAL POSSESSION OF FORGERY DEVICES AS DEFINED IN SECTION
170.40 OF THIS CHAPTER.
UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE FIRST DEGREE IS A CLASS
E FELONY.
S 3. Subdivision 1 of section 60.27 of the penal law, as amended by
chapter 279 of the laws of 2008, is amended to read as follows:
1. In addition to any of the dispositions authorized by this article,
the court shall consider restitution or reparation to the victim of the
crime and may require restitution or reparation as part of the sentence
imposed upon a person convicted of an offense, and after providing the
district attorney with an opportunity to be heard in accordance with the
provisions of this subdivision, require the defendant to make restitu-
tion of the fruits of his or her offense or reparation for the actual
out-of-pocket loss caused thereby and, in the case of a violation of
section [190.78, 190.79, 190.80, 190.82 or 190.83] 191.05, 191.10,
191.15, 191.20, 191.25 OR 191.30 of this chapter, any costs or losses
incurred due to any adverse action taken against the victim. The
district attorney shall where appropriate, advise the court at or before
S. 7843 12
the time of sentencing that the victim seeks restitution or reparation,
the extent of injury or economic loss or damage of the victim, and the
amount of restitution or reparation sought by the victim in accordance
with his or her responsibilities under subdivision two of section 390.50
of the criminal procedure law and article twenty-three of the executive
law. The court shall hear and consider the information presented by the
district attorney in this regard. In that event, or when the victim
impact statement reports that the victim seeks restitution or repara-
tion, the court shall require, unless the interests of justice dictate
otherwise, in addition to any of the dispositions authorized by this
article that the defendant make restitution of the fruits of the offense
and reparation for the actual out-of-pocket loss and, in the case of a
violation of section [190.78, 190.79, 190.80, 190.82 or 190.83] 191.05,
191.10, 191.15, 191.20, 191.25 OR 191.30 of this chapter, any costs or
losses incurred due to any adverse action, caused thereby to the victim.
In the event that restitution or reparation are not ordered, the court
shall clearly state its reasons on the record. Adverse action as used in
this subdivision shall mean and include actual loss incurred by the
victim, including an amount equal to the value of the time reasonably
spent by the victim attempting to remediate the harm incurred by the
victim from the offense, and the consequential financial losses from
such action.
S 4. Paragraph (b) of subdivision 4 of section 60.27 of the penal law,
as amended by chapter 619 of the laws of 2002, is amended to read as
follows:
(b) the term "victim" shall include the victim of the offense, the
representative of a crime victim as defined in subdivision six of
section six hundred twenty-one of the executive law, an individual whose
identity was assumed or whose personal identifying information was used
in violation of section [190.78, 190.79 or 190.80] 191.05, 191.10,
191.15, 191.20, 191.25 OR 191.30 of this chapter, or any person who has
suffered a financial loss as a direct result of the acts of a defendant
in violation of section [190.78, 190.79, 190.80, 190.82 or 190.83]
191.05, 191.10, 191.15, 191.20, 191.25 OR 191.30 of this chapter, a good
samaritan as defined in section six hundred twenty-one of the executive
law and the crime victims' board or other governmental agency that has
received an application for or has provided financial assistance or
compensation to the victim.
S 5. Paragraph (a) of subdivision 1 of section 460.10 of the penal
law, as amended by section 30 of part AAA of chapter 56 of the laws of
2009, is amended to read as follows:
(a) Any of the felonies set forth in this chapter: sections 120.05,
120.10 and 120.11 relating to assault; sections 125.10 to 125.27 relat-
ing to homicide; sections 130.25, 130.30 and 130.35 relating to rape;
sections 135.20 and 135.25 relating to kidnapping; section 135.35 relat-
ing to labor trafficking; section 135.65 relating to coercion; sections
140.20, 140.25 and 140.30 relating to burglary; sections 145.05, 145.10
and 145.12 relating to criminal mischief; article one hundred fifty
relating to arson; sections 155.30, 155.35, 155.40 and 155.42 relating
to grand larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to
health care fraud; article one hundred sixty relating to robbery;
sections 165.45, 165.50, 165.52 and 165.54 relating to criminal
possession of stolen property; sections 165.72 and 165.73 relating to
trademark counterfeiting; sections 170.10, 170.15, 170.25, 170.30,
170.40, 170.65 and 170.70 relating to forgery; sections 175.10, 175.25,
175.35, 175.40 and 210.40 relating to false statements; sections 176.15,
S. 7843 13
176.20, 176.25 and 176.30 relating to insurance fraud; sections 178.20
and 178.25 relating to criminal diversion of prescription medications
and prescriptions; sections 180.03, 180.08, 180.15, 180.25, 180.40,
180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22,
200.25, 200.27, 215.00, 215.05 and 215.19 relating to bribery; sections
187.10, 187.15, 187.20 and 187.25 relating to residential mortgage
fraud, sections 190.40 and 190.42 relating to criminal usury; section
190.65 relating to schemes to defraud; SECTIONS 191.05, 191.10, 191.15,
191.20, 191.25, 191.30, 191.35, 191.40, 191.45, 191.55 AND 191.60 RELAT-
ING TO IDENTITY THEFT, sections 205.60 and 205.65 relating to hindering
prosecution; sections 210.10, 210.15, and 215.51 relating to perjury and
contempt; section 215.40 relating to tampering with physical evidence;
sections 220.06, 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39,
220.41, 220.43, 220.46, 220.55, 220.60 and 220.77 relating to controlled
substances; sections 225.10 and 225.20 relating to gambling; sections
230.25, 230.30, and 230.32 relating to promoting prostitution; section
230.34 relating to sex trafficking; sections 235.06, 235.07, 235.21 and
235.22 relating to obscenity; sections 263.10 and 263.15 relating to
promoting [a] AN OBSCENE sexual performance by a child; sections 265.02,
265.03, 265.04, 265.11, 265.12, 265.13 and the provisions of section
265.10 which constitute a felony relating to firearms and other danger-
ous weapons; and sections 265.14 and 265.16 relating to criminal sale of
a firearm; and section 275.10, 275.20, 275.30, or 275.40 relating to
unauthorized recordings; and sections 470.05, 470.10, 470.15 and 470.20
relating to money laundering; or
S 6. Paragraph (a) of subdivision 3 of section 490.05 of the penal
law, as amended by section 7 of part A of chapter 1 of the laws of 2004,
is amended to read as follows:
(a) "Specified offense" for purposes of this article means a class A
felony offense other than an offense as defined in article two hundred
twenty, a violent felony offense as defined in section 70.02,
manslaughter in the second degree as defined in section 125.15, criminal
tampering in the first degree as defined in section 145.20, identity
theft in the second degree as defined in section [190.79] 191.20, iden-
tity theft in the first degree as defined in section [190.80] 191.25,
unlawful possession of personal identification information in the second
degree as defined in section [190.82] 191.40, unlawful possession of
personal identification information in the first degree as defined in
section [190.83] 191.45, money laundering in support of terrorism in the
fourth degree as defined in section 470.21, money laundering in support
of terrorism in the third degree as defined in section 470.22, money
laundering in support of terrorism in the second degree as defined in
section 470.23, money laundering in support of terrorism in the first
degree as defined in section 470.24 of this chapter, and includes an
attempt or conspiracy to commit any such offense.
S 7. The opening paragraph and paragraph (l) of subdivision 4 of
section 20.40 of the criminal procedure law, paragraph (l) as amended by
chapter 346 of the laws of 2007, are amended to read as follows:
A person may be convicted in an appropriate criminal court of a
particular county, of an offense of which the criminal courts of this
state have jurisdiction pursuant to section 20.20, committed either by
his OR HER own conduct or by the conduct of another for which he OR SHE
is legally accountable pursuant to section 20.00 of the penal law, when:
(l) An offense of identity theft or unlawful possession of personal
[identification] IDENTIFYING information AND ALL CRIMINAL ACTS COMMITTED
IN CONNECTION WITH THOSE CRIMES OR COMMITTED THROUGH THE CRIMINAL MISUSE
S. 7843 14
OF PERSONAL IDENTIFYING INFORMATION may be prosecuted (i) in any county
in which part of the offense took place regardless of whether the
defendant was actually present in such county, or (ii) in the county in
which the person who suffers financial loss resided at the time of the
commission of the offense, or (iii) in the county where the person whose
personal [identification] IDENTIFYING information was used in the
commission of the offense resided at the time of the commission of the
offense. The law enforcement agency of any such county shall take a
police report of the matter and provide the complainant with a copy of
such report at no charge.
S 8. Paragraph (s) of subdivision 8 of section 700.05 of the criminal
procedure law is REPEALED and a new paragraph (s) is added to read as
follows:
(S) PETIT IDENTITY THEFT AS DEFINED IN SECTION 191.05, IDENTITY THEFT
IN THE FOURTH DEGREE AS DEFINED IN SECTION 191.10, IDENTITY THEFT IN THE
THIRD DEGREE AS DEFINED IN SECTION 191.15, IDENTITY THEFT IN THE SECOND
DEGREE AS DEFINED IN SECTION 191.20, IDENTITY THEFT IN THE FIRST DEGREE
AS DEFINED IN SECTION 191.25, IDENTITY THEFT OF MULTIPLE VICTIMS IN THE
FOURTH DEGREE AS DEFINED IN SECTION 191.26, IDENTITY THEFT OF MULTIPLE
VICTIMS IN THE THIRD DEGREE AS DEFINED IN SECTION 191.27, IDENTITY THEFT
OF MULTIPLE VICTIMS IN THE SECOND DEGREE AS DEFINED IN SECTION 191.28,
IDENTITY THEFT OF MULTIPLE VICTIMS IN THE FIRST DEGREE AS DEFINED IN
SECTION 191.29, AGGRAVATED IDENTITY THEFT AS DEFINED IN SECTION 191.30,
UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE THIRD
DEGREE AS DEFINED IN SECTION 191.35, UNLAWFUL POSSESSION OF PERSONAL
IDENTIFYING INFORMATION IN THE SECOND DEGREE AS DEFINED IN SECTION
191.40, UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE
FIRST DEGREE AS DEFINED IN SECTION 191.45, UNLAWFUL POSSESSION OF A
SKIMMER DEVICE IN THE SECOND DEGREE AS DEFINED IN SECTION 191.55, OR
UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE FIRST DEGREE AS DEFINED
IN SECTION 191.60.
S 9. Subdivision 2 of section 646 of the executive law, as amended by
chapter 346 of the laws of 2007, is amended to read as follows:
2. An individual whose identity was assumed or whose personal identi-
fying information, as defined in [section 190.77] SUBDIVISION ONE OF
SECTION 191.00 of the penal law, was used in violation of section
[190.78, 190.79 or 190.80] 191.05, 191.10, 191.15, 191.20, 191.25,
191.26, 191.27, 191.28, 191.29 OR 191.30 of the penal law, or any person
who has suffered a financial loss as a direct result of the acts of a
defendant in violation of section [190.78, 190.79, 190.80, 190.82 or
190.83] 191.05, 191.10, 191.15, 191.20, 191.25, 191.26, 191.27, 191.28,
191.29 OR 191.30 of the penal law, who has learned or reasonably
suspects that his or her personal identifying information has been
unlawfully used by another, may make a complaint to the local law
enforcement agency of the county in which any part of the offense took
place regardless of whether the defendant was actually present in such
county, or in the county in which the person who suffered financial loss
resided at the time of the commission of the offense, or in the county
where the person whose personal identification information was used in
the commission of the offense resided at the time of the commission of
the offense as provided in paragraph (l) of subdivision four of section
20.40 of the criminal procedure law. Said local law enforcement agency
shall take a police report of the matter and provide the complainant
with a copy of such report free of charge.
S. 7843 15
S 10. Paragraph (d) of subdivision 7 of section 995 of the executive
law, as amended by chapter 2 of the laws of 2006, is amended to read as
follows:
(d) any of the following felonies, or an attempt thereof where such
attempt is a felony offense:
aggravated assault upon a person less than eleven years old, as
defined in section 120.12 of the penal law; menacing in the first
degree, as defined in section 120.13 of the penal law; reckless endan-
germent in the first degree, as defined in section 120.25 of the penal
law; stalking in the second degree, as defined in section 120.55 of the
penal law; criminally negligent homicide, as defined in section 125.10
of the penal law; vehicular manslaughter in the second degree, as
defined in section 125.12 of the penal law; vehicular manslaughter in
the first degree, as defined in section 125.13 of the penal law;
persistent sexual abuse, as defined in section 130.53 of the penal law;
aggravated sexual abuse in the fourth degree, as defined in section
130.65-a of the penal law; female genital mutilation, as defined in
section 130.85 of the penal law; facilitating a sex offense with a
controlled substance, as defined in section 130.90 of the penal law;
unlawful imprisonment in the first degree, as defined in section 135.10
of the penal law; custodial interference in the first degree, as defined
in section 135.50 of the penal law; criminal trespass in the first
degree, as defined in section 140.17 of the penal law; criminal tamper-
ing in the first degree, as defined in section 145.20 of the penal law;
tampering with a consumer product in the first degree, as defined in
section 145.45 of the penal law; robbery in the third degree as defined
in section 160.05 of the penal law; identity theft in the second degree,
as defined in section [190.79] 191.20 of the penal law; identity theft
in the first degree, as defined in section [190.80] 191.25 of the penal
law; promoting prison contraband in the first degree, as defined in
section 205.25 of the penal law; tampering with a witness in the third
degree, as defined in section 215.11 of the penal law; tampering with a
witness in the second degree, as defined in section 215.12 of the penal
law; tampering with a witness in the first degree, as defined in section
215.13 of the penal law; criminal contempt in the first degree, as
defined in subdivisions (b), (c) and (d) of section 215.51 of the penal
law; aggravated criminal contempt, as defined in section 215.52 of the
penal law; bail jumping in the second degree, as defined in section
215.56 of the penal law; bail jumping in the first degree, as defined in
section 215.57 of the penal law; patronizing a prostitute in the second
degree, as defined in section 230.05 of the penal law; patronizing a
prostitute in the first degree, as defined in section 230.06 of the
penal law; promoting prostitution in the second degree, as defined in
section 230.30 of the penal law; promoting prostitution in the first
degree, as defined in section 230.32 of the penal law; compelling pros-
titution, as defined in section 230.33 of the penal law; disseminating
indecent [materials] MATERIAL to minors in the second degree, as defined
in section 235.21 of the penal law; disseminating indecent [materials]
MATERIAL to minors in the first degree, as defined in section 235.22 of
the penal law; riot in the first degree, as defined in section 240.06 of
the penal law; criminal anarchy, as defined in section 240.15 of the
penal law; aggravated harassment of an employee by an inmate, as defined
in section 240.32 of the penal law; unlawful surveillance in the second
degree, as defined in section 250.45 of the penal law; unlawful surveil-
lance in the first degree, as defined in section 250.50 of the penal
law; endangering the welfare of a vulnerable elderly person, OR AN
S. 7843 16
INCOMPETENT OR PHYSICALLY DISABLED PERSON in the second degree, as
defined in section 260.32 of the penal law; endangering the welfare of a
vulnerable elderly person, OR AN INCOMPETENT OR PHYSICALLY DISABLED
PERSON in the first degree, as defined in section 260.34 of the penal
law; use of a child in a sexual performance, as defined in section
263.05 of the penal law; promoting an obscene sexual performance by a
child, as defined in section 263.10 of the penal law; possessing an
obscene sexual performance by a child, as defined in section 263.11 of
the penal law; promoting a sexual performance by a child, as defined in
section 263.15 of the penal law; possessing a sexual performance by a
child, as defined in section 263.16 of the penal law; criminal
possession of a weapon in the third degree, as defined in section 265.02
of the penal law; criminal sale of a firearm in the third degree, as
defined in section 265.11 of the penal law; criminal sale of a firearm
to a minor, as defined in section 265.16 of the penal law; unlawful
wearing of a body vest, as defined in section 270.20 of the penal law;
hate crimes as defined in section 485.05 of the penal law; and crime of
terrorism, as defined in section 490.25 of the penal law; or
S 11. Paragraph (b) of subdivision 1 of section 899-aa of the general
business law, as added by chapter 442 of the laws of 2005, is amended to
read as follows:
(b) "Private information" shall mean personal information consisting
of any information in combination with any one or more of the following
data elements, when either the personal information or the data element
is not encrypted, or encrypted with an encryption key that has also been
acquired:
(1) social security number;
(2) driver's license number or non-driver identification card number;
[or]
(3) account number, credit or debit card number, in combination with
any required security code, access code, or password that would permit
access to an individual's financial account;
(4) MEDICAL INFORMATION; OR
(5) HEALTH INSURANCE INFORMATION.
FOR THE PURPOSES OF THIS PARAGRAPH, "MEDICAL INFORMATION" MEANS ANY
INFORMATION REGARDING AN INDIVIDUAL'S MEDICAL HISTORY, MENTAL OR PHYS-
ICAL CONDITION, OR MEDICAL TREATMENT OR DIAGNOSIS BY A HEALTH CARE
PROFESSIONAL AND "HEALTH INSURANCE INFORMATION" MEANS AN INDIVIDUAL'S
HEALTH INSURANCE POLICY NUMBER OR SUBSCRIBER IDENTIFICATION NUMBER, ANY
UNIQUE IDENTIFIER USED BY A HEALTH INSURER TO IDENTIFY THE INDIVIDUAL OR
ANY INFORMATION IN AN INDIVIDUAL'S APPLICATION AND CLAIMS HISTORY,
INCLUDING, BUT NOT LIMITED TO, APPEALS HISTORY.
"Private information" does not include publicly available information
which is lawfully made available to the general public from federal,
state, or local government records.
S 12. Paragraph (a) of subdivision 1 of section 208 of the state tech-
nology law, as added by chapter 442 of the laws of 2005, is amended to
read as follows:
(a) "Private information" shall mean personal information in combina-
tion with any one or more of the following data elements, when either
the personal information or the data element is not encrypted or
encrypted with an encryption key that has also been acquired:
(1) social security number;
(2) driver's license number or non-driver identification card number;
[or]
S. 7843 17
(3) account number, credit or debit card number, in combination with
any required security code, access code, or password which would permit
access to an individual's financial account[.];
(4) MEDICAL INFORMATION; OR
(5) HEALTH INSURANCE INFORMATION.
FOR THE PURPOSES OF THIS PARAGRAPH, "MEDICAL INFORMATION" MEANS ANY
INFORMATION REGARDING AN INDIVIDUAL'S MEDICAL HISTORY, MENTAL OR PHYS-
ICAL CONDITION, OR MEDICAL TREATMENT OR DIAGNOSIS BY A HEALTH CARE
PROFESSIONAL AND "HEALTH INSURANCE INFORMATION" MEANS AN INDIVIDUAL'S
HEALTH INSURANCE POLICY NUMBER OR SUBSCRIBER IDENTIFICATION NUMBER, ANY
UNIQUE IDENTIFIER USED BY A HEALTH INSURER TO IDENTIFY THE INDIVIDUAL OR
ANY INFORMATION IN AN INDIVIDUAL'S APPLICATION AND CLAIMS HISTORY,
INCLUDING, BUT NOT LIMITED TO, APPEALS HISTORY.
"Private information" does not include publicly available information
that is lawfully made available to the general public from federal,
state, or local government records.
S 13. This act shall take effect on the thirtieth day after it shall
have become a law.
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