The New York State Senate

§ 190.78 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 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 or causes financial loss to such person or to
another person or persons; or

2. commits a class A misdemeanor or higher level crime.

Identity theft in the third degree is a class A misdemeanor.