N.Y. Penal Law Section 190.84
Defenses

In any prosecution for identity theft or unlawful possession of personal identification information pursuant to this article, it shall be an affirmative defense that the person charged with the offense:

1.

was under twenty-one years of age at the time of committing the offense and the person used or possessed the personal identifying or identification information of another solely for the purpose of purchasing alcohol;

2.

was under eighteen years of age at the time of committing the offense and the person used or possessed the personal identifying or identification information of another solely for the purpose of purchasing tobacco products; or

3.

used or possessed the personal identifying or identification information of another person solely for the purpose of misrepresenting the person’s age to gain access to a place the access to which is restricted based on age.

Source: Section 190.84 — Defenses, https://www.­nysenate.­gov/legislation/laws/PEN/190.­84 (updated Sep. 22, 2014; accessed Jun. 21, 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:
Jun. 21, 2025

Last modified:
Sep. 22, 2014

§ 190.84. Defenses's source at nysenate​.gov

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