N.Y. Penal Law Section 190.79
Identity theft in the second degree

A person is guilty of identity theft in the second 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 in an aggregate amount that exceeds five hundred dollars; or

2.

causes financial loss to such person or to another person or persons in an aggregate amount that exceeds five hundred dollars; or

3.

commits or attempts to commit a felony or acts as an accessory to the commission of a felony; or

4.

commits the crime of identity theft in the third degree as defined in section 190.78 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 this section, identity theft in the first degree as defined in section 190.80, unlawful possession of personal identification information 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 identification 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. Identity theft in the second degree is a class E felony.

Source: Section 190.79 — Identity theft in the second degree, https://www.­nysenate.­gov/legislation/laws/PEN/190.­79 (updated Mar. 28, 2025; accessed Nov. 8, 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 190.90
Unlawful compensation in a veterans’ benefits matter
Green check means up to date. Up to date

Verified:
Nov. 8, 2025

Last modified:
Mar. 28, 2025

§ 190.79. Identity theft in the second degree's source at nysenate​.gov

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