N.Y. Penal Law Section 190.83
Unlawful possession of personal identification information in the first degree

A person is guilty of unlawful possession of personal identification information in the first degree when he or she commits the crime of unlawful possession of personal identification information in the second degree and:

1.

with intent to further the commission of identity theft in the second degree, he or she supervises more than three accomplices; or

2.

he or she 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 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 this section, 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

3.

with intent to further the commission of identity theft in the second degree:

(a)

he or she supervises more than two accomplices, and

(b)

he or she knows that the person whose personal identification information that he or she possesses is a member of the armed forces, and

(c)

he or she knows that such member of the armed forces is presently deployed outside of the continental United States. Unlawful possession of personal identification information in the first degree is a class D felony.

Source: Section 190.83 — Unlawful possession of personal identification information in the first degree, https://www.­nysenate.­gov/legislation/laws/PEN/190.­83 (updated Sep. 22, 2014; accessed Nov. 22, 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
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Verified:
Nov. 22, 2025

Last modified:
Sep. 22, 2014

§ 190.83. Unlawful possession of personal identification information in the first degree's source at nysenate​.gov

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