senate Bill S218

2013-2014 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; repealer

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 14, 2014 referred to codes
delivered to assembly
passed senate
May 05, 2014 advanced to third reading
Apr 30, 2014 2nd report cal.
Apr 29, 2014 1st report cal.459
Jan 08, 2014 referred to codes
returned to senate
died in assembly
Jun 10, 2013 referred to codes
delivered to assembly
passed senate
Jun 03, 2013 advanced to third reading
May 30, 2013 2nd report cal.
May 29, 2013 1st report cal.770
Jan 09, 2013 referred to codes

Votes

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Apr 29, 2014 - Codes committee Vote

S218
13
1
committee
13
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Codes Committee Vote: Apr 29, 2014

nay (1)
aye wr (2)

May 29, 2013 - Codes committee Vote

S218
15
0
committee
15
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

S218 - Bill Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add Art 191 §§191.00 - 191.55, amd §§460.10, 490.05 & 60.27, rpld §§190.77 - 190.86, Pen L; amd §§20.40 & 700.05, rpld §700.05 sub 8 ¶ (s), CP L; amd §899-aa, Gen Bus L; amd §208, St Tech L; amd §§646 & 995, Exec L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A3838, S737B
2009-2010: S7843

S218 - Bill Texts

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Relates to offenses involving thefts of identity.

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BILL NUMBER:S218

TITLE OF BILL:
An act to amend the penal law, the criminal procedure law, the general
business law, the state technology law and the executive law, in
relation to offenses involving theft of identity; and to repeal
certain provisions of the criminal procedure law and the penal 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 creates five
tiers of crimes, based on the financial loss to the victim(s) and the
number of people victimized, providing enhancements for vulnerable
elderly and disabled victims as well as victims on military,
deployment. It also acknowledges that identity theft doesn't respect
geographic boundaries by providing that companion crimes, such as
larceny, can be charge along with the crime of Identity Theft.

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 are repealed, and new PL §§ 191.00,
191.05, 191.10, 190.15, 191.20, 191.25, 191.35, 191.40, 191.45,
191.50, 191.55 are added.

The new Article 191 creates the A misdemeanor of Petit Identity Theft,
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 makes technical corrections to Unlawful Possession
of Personal Identification Information in the First, Second and Third
Degrees by changing personal "identification" information to personal
"identifying" information to conform with other provisions in the law,
and including Social Security numbers in the definition.

2. PL §§ 60.27 (3), 60.27 (4) (b), 460.10(1) and CPL §§ 2040(4) (1),
700.05 (8) (s) and Executive Law §§ 646 (2), 995 (7) (d) 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 crimes are widely regarded as among the hardest to
prosecute. Criminal activity linked to one victim routinely spans
numerous jurisdictions. A summary arrest of one individual can
represent the victimization of dozens or even hundreds of people.
And, in the age of the internet, accomplices located around the world
can work together to steal, fraudulently use, and traffic in personal
data. Our current laws do not provide adequate tools to combat this
crime. Moreover, the laws are weakest in addressing the most insidious
forms of identity theft - those crimes in which the largest sums are
stolen or numerous people are victimized.


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:
2010: A.10944/S.7843 Referred to Codes
2012: Referred to Children and Families

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                   218

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. SQUADRON -- 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  general
  business  law,  the  state  technology  law  and the executive law, in
  relation to offenses  involving  theft  of  identity;  and  to  repeal
  certain  provisions  of  the  criminal procedure law and the penal law
  relating thereto

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

  Section 1. Title K of the penal law is amended by adding a new article
191 to read as follows:
                               ARTICLE 191
                  OFFENSES INVOLVING THEFT OF IDENTITY
SECTION 191.00 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.
        191.30 UNLAWFUL  POSSESSION  OF PERSONAL IDENTIFYING INFORMATION
                 IN THE THIRD DEGREE.
        191.35 UNLAWFUL POSSESSION OF PERSONAL  IDENTIFYING  INFORMATION
                 IN THE SECOND DEGREE.
        191.40 UNLAWFUL  POSSESSION  OF PERSONAL IDENTIFYING INFORMATION
                 IN THE FIRST DEGREE.
        191.45 DEFENSES.
        191.50 UNLAWFUL POSSESSION OF A SKIMMER  DEVICE  IN  THE  SECOND
                 DEGREE.
        191.55 UNLAWFUL  POSSESSION  OF  A  SKIMMER  DEVICE IN THE FIRST
                 DEGREE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00269-01-3

S. 218                              2

S 191.00 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
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,  INCLUD-
ING, 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:
  1. 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  THERE-
BY:

S. 218                              3

  (A)  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
  (B)  CAUSES  FINANCIAL  LOSS  TO  SUCH  PERSON OR TO ANOTHER PERSON OR
PERSONS IN AN AGGREGATE AMOUNT THAT EXCEEDS FIVE HUNDRED DOLLARS; OR
  (C) COMMITS OR ATTEMPTS TO COMMIT A FELONY OR ACTS AS AN ACCESSORY  TO
THE COMMISSION OF A FELONY; OR
  (D)  COMMITS  THE  CRIME OF PETIT IDENTITY THEFT AS DEFINED IN SECTION
191.05 OF THIS ARTICLE AND KNOWS THAT SUCH OTHER PERSON IS A  MEMBER  OF
THE  ARMED  FORCES AND THAT SUCH MEMBER IS PRESENTLY DEPLOYED OUTSIDE OF
THE CONTINENTAL UNITED STATES; OR
  (E) COMMITS THE CRIME OF PETIT IDENTITY THEFT AS  DEFINED  IN  SECTION
191.05  OF THIS ARTICLE AND KNOWS THAT SUCH OTHER 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; OR
  2. 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 OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE
NAME  OF  THOSE  PERSONS,  OR CAUSES FINANCIAL LOSS TO AT LEAST ONE SUCH
PERSON, OR TO ANOTHER PERSON OR PERSONS.
  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 IDENTITY THEFT IN THE THIRD DEGREE  WHEN  HE  OR
SHE KNOWINGLY AND WITH INTENT TO DEFRAUD:
  1. (A) 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  THERE-
BY:
  (A)  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
  (B)  CAUSES  FINANCIAL  LOSS  TO  SUCH  PERSON OR TO ANOTHER PERSON OR
PERSONS IN AN AGGREGATE AMOUNT THAT EXCEEDS TWO THOUSAND DOLLARS; OR
  (C) 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
  (D) 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, IDENTITY THEFT IN THE FIRST DEGREE AS DEFINED IN SECTION 191.25,
UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING  INFORMATION  IN  THE  THIRD
DEGREE  AS  DEFINED  IN  SECTION 191.30, UNLAWFUL POSSESSION OF PERSONAL
IDENTIFYING INFORMATION IN THE  SECOND  DEGREE  AS  DEFINED  IN  SECTION
191.35,  UNLAWFUL  POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE
FIRST DEGREE AS DEFINED IN SECTION  191.40,  UNLAWFUL  POSSESSION  OF  A
SKIMMER DEVICE IN THE SECOND DEGREE AS DEFINED IN SECTION 191.50, UNLAW-
FUL  POSSESSION  OF  A  SKIMMER DEVICE IN THE FIRST DEGREE AS DEFINED IN
SECTION 191.55, 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

S. 218                              4

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
  (E) COMMITS THE CRIME OF  IDENTITY  THEFT  IN  THE  FOURTH  DEGREE  AS
DEFINED  IN  SECTION  191.10  OF  THIS ARTICLE AND KNOWS THAT SUCH OTHER
PERSON IS A MEMBER OF THE ARMED FORCES, AND KNOWS THAT  SUCH  MEMBER  IS
PRESENTLY DEPLOYED OUTSIDE OF THE CONTINENTAL UNITED STATES; OR
  (F)  COMMITS  THE  CRIME  OF  IDENTITY  THEFT  IN THE FOURTH DEGREE AS
DEFINED IN SECTION 191.10 OF THIS ARTICLE  AND  KNOWS  THAT  SUCH  OTHER
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; OR
  2.  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 OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE
NAME  OF  THOSE  PERSONS,  OR CAUSES FINANCIAL LOSS TO AT LEAST ONE SUCH
PERSON, OR TO ANOTHER PERSON OR PERSONS.
  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:
  1.  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 THERE-
BY:
  (A) 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
  (B) CAUSES FINANCIAL LOSS TO SUCH  PERSON  OR  TO  ANOTHER  PERSON  OR
PERSONS  IN  AN  AGGREGATE  AMOUNT  THAT  EXCEEDS  TWENTY-FIVE  THOUSAND
DOLLARS; OR
  (C) 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
  (D) 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,  UNLAWFUL
POSSESSION  OF  PERSONAL  IDENTIFYING INFORMATION IN THE THIRD DEGREE AS
DEFINED IN SECTION 191.30, UNLAWFUL POSSESSION OF  PERSONAL  IDENTIFYING
INFORMATION  IN THE SECOND DEGREE AS DEFINED IN SECTION 191.35, UNLAWFUL

S. 218                              5

POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE  FIRST  DEGREE  AS
DEFINED  IN  SECTION  191.40, UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN
THE SECOND DEGREE AS DEFINED IN SECTION 191.50, UNLAWFUL POSSESSION OF A
SKIMMER  DEVICE  IN THE FIRST DEGREE AS DEFINED IN SECTION 191.55, 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
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
  (E) COMMITS THE CRIME OF IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED
IN SECTION 191.15 OF THIS ARTICLE AND KNOWS THAT SUCH OTHER PERSON IS  A
MEMBER  OF  THE  ARMED FORCES AND THAT SUCH MEMBER IS PRESENTLY DEPLOYED
OUTSIDE OF THE CONTINENTAL UNITED STATES; OR
  (F) COMMITS THE CRIME OF IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED
IN SECTION 191.15 OF THIS ARTICLE AND KNOWS THAT SUCH OTHER 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; OR
  2.  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 OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR  USES
CREDIT  IN  THE  NAME  OF  THOSE PERSONS, OR CAUSES FINANCIAL LOSS TO AT
LEAST ONE SUCH PERSON, OR TO ANOTHER PERSON OR PERSONS.
  IDENTITY THEFT IN THE SECOND DEGREE IS A CLASS C FELONY.
S 191.25 IDENTITY THEFT IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF IDENTITY THEFT IN THE FIRST DEGREE  WHEN  HE  OR
SHE KNOWINGLY AND WITH INTENT TO DEFRAUD:
  1.  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 THERE-
BY:
  (A) 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
  (B) CAUSES FINANCIAL LOSS TO SUCH  PERSON  OR  TO  ANOTHER  PERSON  OR
PERSONS  IN  AN  AGGREGATE  AMOUNT  THAT  EXCEEDS  TWO  HUNDRED THOUSAND
DOLLARS; OR
  (C) 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
  (D) 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

S. 218                              6

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, UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN  THE
SECOND  DEGREE  AS  DEFINED  IN  SECTION  191.35, UNLAWFUL POSSESSION OF
PERSONAL IDENTIFYING INFORMATION IN  THE  FIRST  DEGREE  AS  DEFINED  IN
SECTION  191.40,  UNLAWFUL  POSSESSION OF A SKIMMER DEVICE IN THE SECOND
DEGREE AS DEFINED IN SECTION 191.50, UNLAWFUL POSSESSION  OF  A  SKIMMER
DEVICE  IN  THE FIRST DEGREE AS DEFINED IN SECTION 191.55, 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
  (E) COMMITS THE CRIME OF  IDENTITY  THEFT  IN  THE  SECOND  DEGREE  AS
DEFINED  IN  SECTION  191.20  OF  THIS ARTICLE AND KNOWS THAT SUCH OTHER
PERSON IS A MEMBER OF THE ARMED FORCES, AND KNOWS THAT  SUCH  MEMBER  IS
PRESENTLY DEPLOYED OUTSIDE OF THE CONTINENTAL UNITED STATES; OR
  (F)  COMMITS  THE  CRIME  OF  IDENTITY  THEFT  IN THE SECOND DEGREE AS
DEFINED IN SECTION 191.20 OF THIS ARTICLE  AND  KNOWS  THAT  SUCH  OTHER
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; OR
  2. 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 OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE
NAME OF THOSE PERSONS, OR CAUSES FINANCIAL LOSS TO  AT  LEAST  ONE  SUCH
PERSON, OR TO ANOTHER PERSON OR PERSONS.
  IDENTITY THEFT IN THE FIRST DEGREE IS A CLASS B FELONY.
S 191.30 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 191.35 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

S. 218                              7

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 191.40 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, UNLAWFUL POSSESSION OF PERSONAL  IDENTIFY-
ING INFORMATION IN THE THIRD DEGREE AS DEFINED IN SECTION 191.30, UNLAW-
FUL  POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE SECOND DEGREE
AS DEFINED IN SECTION 191.35, UNLAWFUL POSSESSION OF PERSONAL  IDENTIFY-
ING INFORMATION IN THE FIRST DEGREE AS DEFINED IN THIS SECTION, UNLAWFUL
POSSESSION  OF  A  SKIMMER  DEVICE  IN  THE  SECOND DEGREE AS DEFINED IN
SECTION 191.50, UNLAWFUL POSSESSION OF A SKIMMER  DEVICE  IN  THE  FIRST
DEGREE  AS DEFINED IN SECTION 191.55, 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; 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  INFOR-
MATION 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 191.45 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:

S. 218                              8

  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 191.50 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
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 191.55 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, UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING  INFORMA-
TION  IN  THE  THIRD  DEGREE  AS  DEFINED  IN  SECTION  191.30, UNLAWFUL
POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE SECOND  DEGREE  AS
DEFINED  IN  SECTION 191.35, UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING
INFORMATION IN THE FIRST DEGREE AS DEFINED IN SECTION  191.40,  UNLAWFUL
POSSESSION  OF  A  SKIMMER  DEVICE  IN  THE  SECOND DEGREE AS DEFINED IN
SECTION 191.50, 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 PROP-
ERTY  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. 218                              9

  S 2. Paragraph (a) of subdivision 1 of section  460.10  of  the  penal
law,  as  amended by chapter 405 of the laws of 2010, 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 121.12 and 121.13 relat-
ing to strangulation; sections 125.10 to 125.27  relating  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 relating to labor traf-
ficking; 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 coun-
terfeiting; 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, 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, 191.50 AND 191.55 RELATING 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 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 dangerous 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 3. 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] 191.35, unlawful possession of

S. 218                             10

personal identification information in the first degree  as  defined  in
section [190.83] 191.40, 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  4. 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, UNLAWFUL POSSESSION OF PERSONAL  IDENTIFY-
ING INFORMATION IN THE THIRD DEGREE AS DEFINED IN SECTION 191.30, UNLAW-
FUL  POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE SECOND DEGREE
AS DEFINED IN SECTION 191.35, UNLAWFUL POSSESSION OF PERSONAL  IDENTIFY-
ING INFORMATION IN THE FIRST DEGREE AS DEFINED IN SECTION 191.40, UNLAW-
FUL  POSSESSION  OF  A SKIMMER DEVICE IN THE SECOND DEGREE AS DEFINED IN
SECTION 191.50, OR UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE  FIRST
DEGREE AS DEFINED IN SECTION 191.55 OF THE PENAL LAW.
  S  5.  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; OR
  (4) MEDICAL INFORMATION; OR
  (5) HEALTH INSURANCE INFORMATION;
  FOR PURPOSES OF THIS PARAGRAPH, "MEDICAL INFORMATION" MEANS ANY INFOR-
MATION REGARDING AN INDIVIDUAL'S MEDICAL  HISTORY,  MENTAL  OR  PHYSICAL
CONDITION,  OR  MEDICAL  TREATMENT OR DIAGNOSIS BY A HEALTH CARE PROFES-
SIONAL.
  FOR PURPOSES OF THIS PARAGRAPH, "HEALTH INSURANCE  INFORMATION"  MEANS
AN INDIVIDUAL'S HEALTH INSURANCE POLICY NUMBER OR SUBSCRIBER IDENTIFICA-
TION  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  6. 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

S. 218                             11

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 which would permit
access to an individual's financial account[.]; OR
  (4) MEDICAL INFORMATION; OR
  (5) HEALTH INSURANCE INFORMATION.
  FOR PURPOSES OF THIS PARAGRAPH, "MEDICAL INFORMATION" MEANS ANY INFOR-
MATION REGARDING AN INDIVIDUAL'S MEDICAL  HISTORY,  MENTAL  OR  PHYSICAL
CONDITION,  OR  MEDICAL  TREATMENT OR DIAGNOSIS BY A HEALTH CARE PROFES-
SIONAL.
  FOR PURPOSES OF THIS PARAGRAPH, "HEALTH INSURANCE  INFORMATION"  MEANS
AN INDIVIDUAL'S HEALTH INSURANCE POLICY NUMBER OR SUBSCRIBER IDENTIFICA-
TION  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  7. Sections 190.77, 190.78, 190.79, 190.80, 190.81, 190.82, 190.83,
190.84, 190.85 and 190.86 of the penal law are REPEALED.
  S 8. 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  OR 191.25 of this chapter, any costs or losses incurred
due to any adverse action taken against the victim. The district  attor-
ney  shall  where appropriate, advise the court at or before 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  OR 191.25 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,

S. 218                             12

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 9. Paragraph (b) of subdivision 4 of section 60.27 of the penal law,
as  amended  by  chapter  313 of the laws of 2011, 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 OR 191.25 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 OR 191.25 of this chapter, a  good  samaritan  as
defined  in  section six hundred twenty-one of the executive law and the
office of victim services or other governmental agency that has received
an application for or has provided financial assistance or  compensation
to the victim.  A victim shall also mean any owner or lawful producer of
a master recording, or a trade association that represents such owner or
lawful  producer,  that has suffered injury as a result of an offense as
defined in article two hundred seventy-five of this chapter.
  S 10. 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 OR 191.25 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  OR  191.25  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 11. This act shall take effect immediately.

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