S T A T E   O F   N E W   Y O R K
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                                  4759

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 7, 2011
                               ___________

Introduced  by  M.  of  A.  TOWNS,  DenDEKKER, BURLING, ROBINSON, SPANO,
  MONTESANO,  N. RIVERA,  ORTIZ,  REILLY,  MILLMAN,  SCHROEDER,  GIBSON,
  GABRYSZAK  --  Multi-Sponsored  by  -- M. of A. COLTON, CORWIN, MAGEE,
  McKEVITT, MOLINARO, OAKS, P. RIVERA, SIMOTAS, TITONE,  TITUS  --  read
  once and referred to the Committee on Codes

AN  ACT  to  amend  the  penal law, in relation to creating the crime of
  identity theft in the fourth degree

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The penal law is amended by adding a new section 190.77-a
to read as follows:
S 190.77-A 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 ATTEMPTS TO ASSUME 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, FOR THE PURPOSE OF:
  1. OBTAINING GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT IN  THE
NAME  OF SUCH OTHER PERSON OR CAUSES FINANCIAL LOSS TO SUCH PERSON OR TO
ANOTHER PERSON OR PERSONS; OR
  2. COMMITTING A CLASS A MISDEMEANOR OR HIGHER LEVEL CRIME.
  IDENTITY THEFT IN THE FOURTH DEGREE IS A CLASS A MISDEMEANOR.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05883-01-1