N.Y. Penal Law Section 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 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 in an aggregate amount that exceeds two thousand 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 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 first degree is a class D felony.

Source: Section 190.80 — Identity theft in the first degree, https://www.­nysenate.­gov/legislation/laws/PEN/190.­80 (updated Sep. 22, 2014; accessed Mar. 23, 2024).

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

Accessed:
Mar. 23, 2024

Last modified:
Sep. 22, 2014

§ 190.80’s source at nysenate​.gov

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