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190.82, 190.83, 190.84, 190.85 and 190.86 of the penal law are REPEALED.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.