N.Y. Penal Law Section 190.78
Identity theft in the third degree

A person is guilty of identity theft in the third degree when such person knowingly and with intent to defraud assumes the identity of another person by presenting themself 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.

Source: Section 190.78 — Identity theft in the third degree, https://www.­nysenate.­gov/legislation/laws/PEN/190.­78 (updated Mar. 28, 2025; accessed Jul. 12, 2025).

190.00
Issuing a bad check 190.05
Issuing a bad check 190.10
Issuing a bad check 190.15
Issuing a bad check 190.20
False advertising 190.23
False personation 190.25
Criminal impersonation in the second degree 190.26
Criminal impersonation in the first degree 190.27
Criminal sale of a police uniform 190.30
Unlawfully concealing a will 190.35
Misconduct by corporate official 190.40
Criminal usury in the second degree 190.42
Criminal usury in the first degree 190.45
Possession of usurious loan records 190.50
Unlawful collection practices 190.55
Making a false statement of credit terms 190.60
Scheme to defraud in the second degree 190.65
Scheme to defraud in the first degree 190.70
Scheme to defraud the state by unlawfully selling prescriptions 190.72
Unauthorized radio transmission 190.75
Criminal use of an access device in the second degree 190.76
Criminal use of an access device in the first degree 190.77
Offenses involving theft of identity 190.78
Identity theft in the third degree 190.79
Identity theft in the second degree 190.80
Identity theft in the first degree 190.80–A
Aggravated identity theft 190.81
Unlawful possession of personal identification information in the third degree 190.82
Unlawful possession of personal identification information in the second degree 190.83
Unlawful possession of personal identification information in the first degree 190.84
Defenses 190.85
Unlawful possession of a skimmer device in the second degree 190.86
Unlawful possession of a skimmer device in the first degree 190.87
Immigrant assistant services fraud in the second degree 190.89
Immigrant assistance services fraud in the first degree
Green check means up to date. Up to date

Verified:
Jul. 12, 2025

Last modified:
Mar. 28, 2025

§ 190.78. Identity theft in the third degree's source at nysenate​.gov

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