S T A T E O F N E W Y O R K
________________________________________________________________________
6872
2017-2018 Regular Sessions
I N A S S E M B L Y
March 22, 2017
___________
Introduced by M. of A. DICKENS -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to identity theft
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 190.77 of the penal law, as sepa-
rately amended by chapters 226 and 279 of the laws of 2008, is amended
to read as follows:
1. For the purposes of sections 190.78, 190.79, 190.80 [and], 190.80-a
and 190.85 of this article "personal identifying information" means a
person's name, address, telephone number, date of birth, driver's
license number, social security number, place of employment, mother's
maiden name, financial services account number or code, savings account
number or code, checking account number or code, brokerage account
number or code, credit card account number or code, debit card number or
code, automated teller machine number or code, taxpayer identification
number, computer system password, signature or copy of a signature,
electronic signature, unique biometric data that is a fingerprint, voice
print, retinal image or iris image of another person THAT CAPTURE OR
ENABLE THE REPRODUCTION OF UNIQUE PHYSICAL ATTRIBUTES OF ANOTHER PERSON,
telephone calling card number, mobile identification number or code,
electronic serial number or personal identification number, or any other
name, number, code or information that may be used alone or in conjunc-
tion with other such information to assume the identity of another
person.
§ 2. Section 190.80 of the penal law, as added by chapter 619 of the
laws of 2002, subdivision 4 as amended by chapter 279 of the laws of
2008, is amended to read as follows:
§ 190.80 Identity theft in the first degree.
A person is guilty of identity theft in the first degree when he or
she knowingly and with intent to defraud assumes the identity of another
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10620-01-7
A. 6872 2
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 OR WITH THE INTENT TO SELL OR DISTRIBUTE THE
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 in the commission of a class D or higher
level felony; or
4. commits the crime of identity theft in the second degree as defined
in section 190.79 of this article and has been previously convicted
within the last five years of identity theft in the third degree as
defined in section 190.78, identity theft in the second degree as
defined in section 190.79, identity theft in the first degree as defined
in this section, unlawful possession of personal identification informa-
tion in the third degree as defined in section 190.81, unlawful
possession of personal identification information in the second degree
as defined in section 190.82, unlawful possession of personal identifi-
cation information in the first degree as defined in section 190.83,
unlawful possession of a skimmer device in the second degree as defined
in section 190.85, unlawful possession of a skimmer device in the first
degree as defined in section 190.86, grand larceny in the fourth degree
as defined in section 155.30, grand larceny in the third degree as
defined in section 155.35, grand larceny in the second degree as defined
in section 155.40 or grand larceny in the first degree as defined in
section 155.42 of this chapter[.]; OR
5. AVOIDS A SUMMONS, ARREST OR PROSECUTION OR IMPEDES A CRIMINAL
INVESTIGATION.
Identity theft in the first degree is a class D felony.
§ 3. Section 190.81 of the penal law, as added by chapter 619 of the
laws of 2002, is amended to read as follows:
§ 190.81 Unlawful possession of personal identification information in
the third degree.
A person is guilty of unlawful possession of personal identification
information in the third degree when he or she knowingly possesses a
person's financial services account number or code, savings account
number or code, checking account number or code, brokerage account
number or code, credit card account number or code, debit card number or
code, automated teller machine number or code, personal identification
number, mother's maiden name, computer system password, electronic
signature or unique biometric data that is a fingerprint, voice print,
retinal image or iris image of another person THAT CAPTURE OR ENABLE THE
REPRODUCTION OF UNIQUE PHYSICAL ATTRIBUTES OF ANOTHER PERSON knowing
such information is intended to be used in furtherance of the commission
of a crime defined in this chapter.
Unlawful possession of personal identification information in the
third degree is a class A misdemeanor.
§ 4. Section 190.82 of the penal law, as added by chapter 619 of the
laws of 2002, is amended to read as follows:
§ 190.82 Unlawful possession of personal identification information in
the second degree.
A person is guilty of unlawful possession of personal identification
information in the second degree when he or she knowingly possesses two
A. 6872 3
hundred fifty or more items of personal identification information of
the following nature: a person's financial services account number or
code, savings account number or code, checking account number or code,
brokerage account number or code, credit card account number or code,
debit card number or code, automated teller machine number or code,
personal identification number, mother's maiden name, computer system
password, electronic signature or unique biometric data that is a fing-
erprint, voice print, retinal image or iris image of another person THAT
CAPTURE OR ENABLE THE REPRODUCTION OF UNIQUE PHYSICAL ATTRIBUTES OF
ANOTHER PERSON knowing such information is intended to be used in furth-
erance of the commission of a crime defined in this chapter.
Unlawful possession of personal identification information in the
second degree is a class E felony.
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.