N.Y. Penal Law Section 190.85
Unlawful possession of a skimmer device in the second degree

1.

A person is guilty of unlawful possession of a skimmer device in the second degree when he or she possesses a skimmer device with the intent that such device be used in furtherance of the commission of the crime of identity theft or unlawful possession of personal identification information as defined in this article.

2.

For purposes of this article, “skimmer device” means a device designed or adapted to obtain personal identifying information from a credit card, debit card, public benefit card, access card or device, or other card or device that contains personal identifying information. Unlawful possession of a skimmer device in the second degree is a class A misdemeanor.

Source: Section 190.85 — Unlawful possession of a skimmer device in the second degree, https://www.­nysenate.­gov/legislation/laws/PEN/190.­85 (updated Sep. 22, 2014; 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
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Verified:
Jul. 12, 2025

Last modified:
Sep. 22, 2014

§ 190.85. Unlawful possession of a skimmer device in the second degree's source at nysenate​.gov

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