LBD11170-01-9
S. 5146 2
1. FOR THE PURPOSES OF THIS ARTICLE "PERSONAL IDENTIFYING INFORMATION"
MEANS A PERSON'S NAME, ADDRESS, TELEPHONE NUMBER, DATE OF BIRTH, DRIV-
ER'S LICENSE NUMBER, SOCIAL SECURITY NUMBER, PLACE OF EMPLOYMENT, MOTH-
ER'S MAIDEN NAME, FINANCIAL SERVICES ACCOUNT NUMBER OR CODE, SAVINGS
ACCOUNT NUMBER OR CODE, CHECKING ACCOUNT NUMBER OR CODE, BROKERAGE
ACCOUNT NUMBER OR CODE, CREDIT CARD ACCOUNT NUMBER OR CODE, DEBIT CARD
NUMBER OR CODE, AUTOMATED TELLER MACHINE NUMBER OR CODE, TAXPAYER IDEN-
TIFICATION NUMBER, COMPUTER SYSTEM PASSWORD, SIGNATURE OR COPY OF A
SIGNATURE, ELECTRONIC SIGNATURE, UNIQUE BIOMETRIC DATA THAT IS A FINGER-
PRINT, VOICE PRINT, RETINAL IMAGE OR IRIS IMAGE OF ANOTHER PERSON, TELE-
PHONE CALLING CARD NUMBER, MOBILE IDENTIFICATION NUMBER OR CODE, ELEC-
TRONIC SERIAL NUMBER OR PERSONAL IDENTIFICATION NUMBER, MEDICAL
INFORMATION, MEDICAL INSURANCE INFORMATION, OR ANY OTHER NAME, NUMBER,
CODE OR INFORMATION THAT MAY BE USED ALONE OR IN CONJUNCTION WITH OTHER
SUCH INFORMATION TO ASSUME THE IDENTITY OF ANOTHER PERSON.
2. FOR THE PURPOSES OF THIS ARTICLE:
(A) "ELECTRONIC SIGNATURE" SHALL HAVE THE SAME MEANING AS DEFINED IN
SUBDIVISION THREE OF SECTION THREE HUNDRED TWO OF THE STATE TECHNOLOGY
LAW.
(B) "PERSONAL IDENTIFICATION NUMBER" MEANS ANY NUMBER OR CODE WHICH
MAY BE USED ALONE OR IN CONJUNCTION WITH ANY OTHER INFORMATION TO ASSUME
THE IDENTITY OF ANOTHER PERSON OR ACCESS FINANCIAL RESOURCES OR CREDIT
OF ANOTHER PERSON.
(C) "MEMBER OF THE ARMED FORCES" SHALL MEAN A PERSON IN THE MILITARY
SERVICE OF THE UNITED STATES OR THE MILITARY SERVICE OF THE STATE,
INCLUDING BUT NOT LIMITED TO, THE ARMED FORCES OF THE UNITED STATES, THE
ARMY NATIONAL GUARD, THE AIR NATIONAL GUARD, THE NEW YORK NAVAL MILITIA,
THE NEW YORK GUARD, AND SUCH ADDITIONAL FORCES AS MAY BE CREATED BY THE
FEDERAL OR STATE GOVERNMENT AS AUTHORIZED BY LAW.
(D) "MEDICAL INFORMATION" MEANS ANY INFORMATION REGARDING AN INDIVID-
UAL'S MEDICAL HISTORY, MENTAL OR PHYSICAL CONDITION, OR MEDICAL TREAT-
MENT OR DIAGNOSIS BY A HEALTH CARE PROFESSIONAL.
(E) "MEDICAL INSURANCE INFORMATION" MEANS AN INDIVIDUAL'S HEALTH
INSURANCE POLICY NUMBER OR SUBSCRIBER IDENTIFICATION NUMBER, ANY UNIQUE
IDENTIFIER USED BY A HEALTH INSURER TO IDENTIFY THE INDIVIDUAL OR ANY
INFORMATION IN AN INDIVIDUAL'S APPLICATION AND CLAIMS HISTORY, INCLUD-
ING, BUT NOT LIMITED TO, APPEALS HISTORY.
§ 191.05 PETIT IDENTITY THEFT.
A PERSON IS GUILTY OF PETIT IDENTITY THEFT 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 OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES
CREDIT IN THE NAME OF SUCH OTHER PERSON OR CAUSES FINANCIAL LOSS TO SUCH
PERSON OR TO ANOTHER PERSON OR PERSONS.
PETIT IDENTITY THEFT IS A CLASS A MISDEMEANOR.
§ 191.10 IDENTITY THEFT IN THE FOURTH DEGREE.
A PERSON IS GUILTY OF IDENTITY THEFT IN THE FOURTH DEGREE WHEN HE OR
SHE KNOWINGLY AND WITH INTENT TO DEFRAUD:
1. 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 THERE-
BY:
(A) 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
S. 5146 3
(B) CAUSES FINANCIAL LOSS TO SUCH PERSON OR TO ANOTHER PERSON OR
PERSONS IN AN AGGREGATE AMOUNT THAT EXCEEDS FIVE HUNDRED DOLLARS; OR
(C) COMMITS OR ATTEMPTS TO COMMIT A FELONY OR ACTS AS AN ACCESSORY TO
THE COMMISSION OF A FELONY; OR
(D) COMMITS THE CRIME OF PETIT IDENTITY THEFT AS DEFINED IN SECTION
191.05 OF THIS ARTICLE AND KNOWS THAT SUCH OTHER PERSON IS A MEMBER OF
THE ARMED FORCES AND THAT SUCH MEMBER IS PRESENTLY DEPLOYED OUTSIDE OF
THE CONTINENTAL UNITED STATES; OR
(E) COMMITS THE CRIME OF PETIT IDENTITY THEFT AS DEFINED IN SECTION
191.05 OF THIS ARTICLE AND KNOWS THAT SUCH OTHER PERSON IS A VULNERABLE
ELDERLY PERSON AS DEFINED IN SUBDIVISION THREE OF SECTION 260.31 OF THIS
CHAPTER, OR A PERSON WHO IS UNABLE TO CARE FOR HIMSELF OR HERSELF
BECAUSE OF PHYSICAL DISABILITY, MENTAL DISEASE OR DEFECT, OR BECAUSE HE
OR SHE IS A MINOR; OR
2. ASSUMES THE IDENTITY OF THREE OR MORE PERSONS BY PRESENTING HIMSELF
OR HERSELF AS THOSE OTHER PERSONS, OR BY ACTING AS THOSE OTHER PERSONS,
OR BY USING PERSONAL IDENTIFYING INFORMATION OF THOSE OTHER PERSONS, AND
THEREBY OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE
NAME OF THOSE PERSONS, OR CAUSES FINANCIAL LOSS TO AT LEAST ONE SUCH
PERSON, OR TO ANOTHER PERSON OR PERSONS.
IDENTITY THEFT IN THE FOURTH DEGREE IS A CLASS E FELONY.
§ 191.15 IDENTITY THEFT IN THE THIRD DEGREE.
A PERSON IS GUILTY OF IDENTITY THEFT IN THE THIRD DEGREE WHEN HE OR
SHE KNOWINGLY AND WITH INTENT TO DEFRAUD:
1. 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 THERE-
BY:
(A) OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE
NAME OF SUCH OTHER PERSON IN AN AGGREGATE AMOUNT THAT EXCEEDS TWO THOU-
SAND DOLLARS; OR
(B) CAUSES FINANCIAL LOSS TO SUCH PERSON OR TO ANOTHER PERSON OR
PERSONS IN AN AGGREGATE AMOUNT THAT EXCEEDS TWO THOUSAND DOLLARS; OR
(C) COMMITS OR ATTEMPTS TO COMMIT A CLASS D FELONY OR HIGHER LEVEL
CRIME OR ACTS AS AN ACCESSORY TO THE COMMISSION OF A CLASS D OR HIGHER
LEVEL FELONY; OR
(D) COMMITS THE CRIME OF IDENTITY THEFT IN THE FOURTH DEGREE AS
DEFINED IN SECTION 191.10 OF THIS ARTICLE AND HAS BEEN PREVIOUSLY
CONVICTED WITHIN THE LAST FIVE YEARS OF PETIT IDENTITY THEFT AS DEFINED
IN SECTION 191.05, IDENTITY THEFT IN THE FOURTH DEGREE AS DEFINED IN
SECTION 191.10, IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED IN THIS
SECTION, IDENTITY THEFT IN THE SECOND DEGREE AS DEFINED IN SECTION
191.20, IDENTITY THEFT IN THE FIRST DEGREE AS DEFINED IN SECTION 191.25,
UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE THIRD
DEGREE AS DEFINED IN SECTION 191.30, UNLAWFUL POSSESSION OF PERSONAL
IDENTIFYING INFORMATION IN THE SECOND DEGREE AS DEFINED IN SECTION
191.35, UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE
FIRST DEGREE AS DEFINED IN SECTION 191.40, UNLAWFUL POSSESSION OF A
SKIMMER DEVICE IN THE SECOND DEGREE AS DEFINED IN SECTION 191.50, UNLAW-
FUL POSSESSION OF A SKIMMER DEVICE IN THE FIRST DEGREE AS DEFINED IN
SECTION 191.55, 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, CRIMINAL
POSSESSION OF A FORGED INSTRUMENT IN THE THIRD DEGREE AS DEFINED IN
SECTION 170.20, CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE SECOND
S. 5146 4
DEGREE AS DEFINED IN SECTION 170.25, CRIMINAL POSSESSION OF A FORGED
INSTRUMENT IN THE FIRST DEGREE AS DEFINED IN SECTION 170.30, CRIMINAL
POSSESSION OF STOLEN PROPERTY IN THE FIFTH DEGREE AS DEFINED IN SECTION
165.40, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE FOURTH DEGREE AS
DEFINED IN SECTION 165.45, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE
THIRD DEGREE AS DEFINED IN SECTION 165.50, CRIMINAL POSSESSION OF STOLEN
PROPERTY IN THE SECOND DEGREE AS DEFINED IN SECTION 165.52, CRIMINAL
POSSESSION OF STOLEN PROPERTY IN THE FIRST DEGREE AS DEFINED IN SECTION
165.54, OR CRIMINAL POSSESSION OF FORGERY DEVICES AS DEFINED IN SECTION
170.40 OF THIS CHAPTER; OR
(E) COMMITS THE CRIME OF IDENTITY THEFT IN THE FOURTH DEGREE AS
DEFINED IN SECTION 191.10 OF THIS ARTICLE AND KNOWS THAT SUCH OTHER
PERSON IS A MEMBER OF THE ARMED FORCES, AND KNOWS THAT SUCH MEMBER IS
PRESENTLY DEPLOYED OUTSIDE OF THE CONTINENTAL UNITED STATES; OR
(F) COMMITS THE CRIME OF IDENTITY THEFT IN THE FOURTH DEGREE AS
DEFINED IN SECTION 191.10 OF THIS ARTICLE AND KNOWS THAT SUCH OTHER
PERSON IS A VULNERABLE ELDERLY PERSON AS DEFINED IN SUBDIVISION THREE OF
SECTION 260.31 OF THIS CHAPTER, OR A PERSON WHO IS UNABLE TO CARE FOR
HIMSELF OR HERSELF BECAUSE OF PHYSICAL DISABILITY, MENTAL DISEASE OR
DEFECT, OR BECAUSE HE OR SHE IS A MINOR; OR
2. ASSUMES THE IDENTITY OF TEN OR MORE PERSONS BY PRESENTING HIMSELF
OR HERSELF AS THOSE OTHER PERSONS, OR BY ACTING AS THOSE OTHER PERSONS,
OR BY USING PERSONAL IDENTIFYING INFORMATION OF THOSE OTHER PERSONS, AND
THEREBY OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE
NAME OF THOSE PERSONS, OR CAUSES FINANCIAL LOSS TO AT LEAST ONE SUCH
PERSON, OR TO ANOTHER PERSON OR PERSONS.
IDENTITY THEFT IN THE THIRD DEGREE IS A CLASS D FELONY.
§ 191.20 IDENTITY THEFT IN THE SECOND DEGREE.
A PERSON IS GUILTY OF IDENTITY THEFT IN THE SECOND DEGREE WHEN HE OR
SHE KNOWINGLY AND WITH INTENT TO DEFRAUD:
1. 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 THERE-
BY:
(A) OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE
NAME OF SUCH OTHER PERSON IN AN AGGREGATE AMOUNT THAT EXCEEDS TWENTY-
FIVE THOUSAND DOLLARS; OR
(B) CAUSES FINANCIAL LOSS TO SUCH PERSON OR TO ANOTHER PERSON OR
PERSONS IN AN AGGREGATE AMOUNT THAT EXCEEDS TWENTY-FIVE THOUSAND
DOLLARS; OR
(C) COMMITS OR ATTEMPTS TO COMMIT A CLASS C FELONY OR HIGHER LEVEL
CRIME OR ACTS AS AN ACCESSORY IN THE COMMISSION OF A CLASS C OR HIGHER
LEVEL FELONY; OR
(D) COMMITS THE CRIME OF IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED
IN SECTION 191.15 OF THIS ARTICLE AND HAS BEEN PREVIOUSLY CONVICTED
WITHIN THE LAST FIVE YEARS OF PETIT IDENTITY THEFT AS DEFINED IN SECTION
191.05, IDENTITY THEFT IN THE FOURTH DEGREE AS DEFINED IN SECTION
191.10, IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED IN SECTION 191.15,
IDENTITY THEFT IN THE SECOND DEGREE AS DEFINED IN THIS SECTION, IDENTITY
THEFT IN THE FIRST DEGREE AS DEFINED IN SECTION 191.25, UNLAWFUL
POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE THIRD DEGREE AS
DEFINED IN SECTION 191.30, UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING
INFORMATION IN THE SECOND DEGREE AS DEFINED IN SECTION 191.35, UNLAWFUL
POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE FIRST DEGREE AS
DEFINED IN SECTION 191.40, UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN
THE SECOND DEGREE AS DEFINED IN SECTION 191.50, UNLAWFUL POSSESSION OF A
S. 5146 5
SKIMMER DEVICE IN THE FIRST DEGREE AS DEFINED IN SECTION 191.55, 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, CRIMINAL POSSESSION OF A FORGED
INSTRUMENT IN THE THIRD DEGREE AS DEFINED IN SECTION 170.20, CRIMINAL
POSSESSION OF A FORGED INSTRUMENT IN THE SECOND DEGREE AS DEFINED IN
SECTION 170.25, CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE FIRST
DEGREE AS DEFINED IN SECTION 170.30, CRIMINAL POSSESSION OF STOLEN PROP-
ERTY IN THE FIFTH DEGREE AS DEFINED IN SECTION 165.40, CRIMINAL
POSSESSION OF STOLEN PROPERTY IN THE FOURTH DEGREE AS DEFINED IN SECTION
165.45, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE THIRD DEGREE AS
DEFINED IN SECTION 165.50, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE
SECOND DEGREE AS DEFINED IN SECTION 165.52, CRIMINAL POSSESSION OF
STOLEN PROPERTY IN THE FIRST DEGREE AS DEFINED IN SECTION 165.54, OR
CRIMINAL POSSESSION OF FORGERY DEVICES AS DEFINED IN SECTION 170.40 OF
THIS CHAPTER; OR
(E) COMMITS THE CRIME OF IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED
IN SECTION 191.15 OF THIS ARTICLE AND KNOWS THAT SUCH OTHER PERSON IS A
MEMBER OF THE ARMED FORCES AND THAT SUCH MEMBER IS PRESENTLY DEPLOYED
OUTSIDE OF THE CONTINENTAL UNITED STATES; OR
(F) COMMITS THE CRIME OF IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED
IN SECTION 191.15 OF THIS ARTICLE AND KNOWS THAT SUCH OTHER PERSON IS A
VULNERABLE ELDERLY PERSON AS DEFINED IN SUBDIVISION THREE OF SECTION
260.31 OF THIS CHAPTER, OR A PERSON WHO IS UNABLE TO CARE FOR HIMSELF OR
HERSELF BECAUSE OF PHYSICAL DISABILITY, MENTAL DISEASE OR DEFECT, OR
BECAUSE HE OR SHE IS A MINOR; OR
2. ASSUMES THE IDENTITY OF TWENTY-FIVE OR MORE PERSONS BY PRESENTING
HIMSELF OR HERSELF AS THOSE OTHER PERSONS, OR BY ACTING AS THOSE OTHER
PERSONS, OR BY USING PERSONAL IDENTIFYING INFORMATION OF THOSE OTHER
PERSONS, AND THEREBY OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES
CREDIT IN THE NAME OF THOSE PERSONS, OR CAUSES FINANCIAL LOSS TO AT
LEAST ONE SUCH PERSON, OR TO ANOTHER PERSON OR PERSONS.
IDENTITY THEFT IN THE SECOND DEGREE IS A CLASS C FELONY.
§ 191.25 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:
1. 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 THERE-
BY:
(A) OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE
NAME OF SUCH OTHER PERSON IN AN AGGREGATE AMOUNT THAT EXCEEDS TWO
HUNDRED THOUSAND DOLLARS; OR
(B) CAUSES FINANCIAL LOSS TO SUCH PERSON OR TO ANOTHER PERSON OR
PERSONS IN AN AGGREGATE AMOUNT THAT EXCEEDS TWO HUNDRED THOUSAND
DOLLARS; OR
(C) COMMITS OR ATTEMPTS TO COMMIT A CLASS B FELONY OR HIGHER LEVEL
CRIME OR ACTS AS AN ACCESSORY IN THE COMMISSION OF A CLASS B OR HIGHER
LEVEL FELONY; OR
(D) COMMITS THE CRIME OF IDENTITY THEFT IN THE SECOND DEGREE AS
DEFINED IN SECTION 191.20 OF THIS ARTICLE AND HAS BEEN PREVIOUSLY
CONVICTED WITHIN THE LAST FIVE YEARS OF PETIT IDENTITY THEFT AS DEFINED
IN SECTION 191.05, IDENTITY THEFT IN THE FOURTH DEGREE AS DEFINED IN
SECTION 191.10, IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED IN SECTION
191.15, IDENTITY THEFT IN THE SECOND DEGREE AS DEFINED IN SECTION 191.20
S. 5146 6
OF THIS ARTICLE, IDENTITY THEFT IN THE FIRST DEGREE AS DEFINED IN THIS
SECTION, UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE
SECOND DEGREE AS DEFINED IN SECTION 191.35, UNLAWFUL POSSESSION OF
PERSONAL IDENTIFYING INFORMATION IN THE FIRST DEGREE AS DEFINED IN
SECTION 191.40, UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE SECOND
DEGREE AS DEFINED IN SECTION 191.50, UNLAWFUL POSSESSION OF A SKIMMER
DEVICE IN THE FIRST DEGREE AS DEFINED IN SECTION 191.55, 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, CRIMINAL POSSESSION OF A FORGED INSTRUMENT
IN THE THIRD DEGREE AS DEFINED IN SECTION 170.20, CRIMINAL POSSESSION OF
A FORGED INSTRUMENT IN THE SECOND DEGREE AS DEFINED IN SECTION 170.25,
CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE FIRST DEGREE AS
DEFINED IN SECTION 170.30, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE
FIFTH DEGREE AS DEFINED IN SECTION 165.40, CRIMINAL POSSESSION OF STOLEN
PROPERTY IN THE FOURTH DEGREE AS DEFINED IN SECTION 165.45, CRIMINAL
POSSESSION OF STOLEN PROPERTY IN THE THIRD DEGREE AS DEFINED IN SECTION
165.50, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE SECOND DEGREE AS
DEFINED IN SECTION 165.52, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE
FIRST DEGREE AS DEFINED IN SECTION 165.54, OR CRIMINAL POSSESSION OF
FORGERY DEVICES AS DEFINED IN SECTION 170.40 OF THIS CHAPTER; OR
(E) COMMITS THE CRIME OF IDENTITY THEFT IN THE SECOND DEGREE AS
DEFINED IN SECTION 191.20 OF THIS ARTICLE AND KNOWS THAT SUCH OTHER
PERSON IS A MEMBER OF THE ARMED FORCES, AND KNOWS THAT SUCH MEMBER IS
PRESENTLY DEPLOYED OUTSIDE OF THE CONTINENTAL UNITED STATES; OR
(F) COMMITS THE CRIME OF IDENTITY THEFT IN THE SECOND DEGREE AS
DEFINED IN SECTION 191.20 OF THIS ARTICLE AND KNOWS THAT SUCH OTHER
PERSON IS A VULNERABLE ELDERLY PERSON AS DEFINED IN SUBDIVISION THREE OF
SECTION 260.31 OF THIS CHAPTER, OR A PERSON WHO IS UNABLE TO CARE FOR
HIMSELF OR HERSELF BECAUSE OF PHYSICAL DISABILITY, MENTAL DISEASE OR
DEFECT, OR BECAUSE HE OR SHE IS A MINOR; OR
2. ASSUMES THE IDENTITY OF FIFTY OR MORE PERSONS BY PRESENTING HIMSELF
OR HERSELF AS THOSE OTHER PERSONS, OR BY ACTING AS THOSE OTHER PERSONS,
OR BY USING PERSONAL IDENTIFYING INFORMATION OF THOSE OTHER PERSONS, AND
THEREBY OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE
NAME OF THOSE PERSONS, OR CAUSES FINANCIAL LOSS TO AT LEAST ONE SUCH
PERSON, OR TO ANOTHER PERSON OR PERSONS.
IDENTITY THEFT IN THE FIRST DEGREE IS A CLASS B FELONY.
§ 191.30 UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE
THIRD DEGREE.
A PERSON IS GUILTY OF UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING
INFORMATION IN THE THIRD DEGREE WHEN HE OR SHE KNOWINGLY POSSESSES A
PERSON'S PERSONAL IDENTIFYING INFORMATION AS DEFINED IN SECTION 191.00
OF THIS ARTICLE OF ANOTHER PERSON KNOWING SUCH INFORMATION IS INTENDED
TO BE USED IN FURTHERANCE OF THE COMMISSION OF A CRIME DEFINED IN THIS
CHAPTER.
UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE THIRD
DEGREE IS A CLASS A MISDEMEANOR.
§ 191.35 UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE
SECOND DEGREE.
A PERSON IS GUILTY OF UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING
INFORMATION IN THE SECOND DEGREE WHEN HE OR SHE KNOWINGLY POSSESSES
FIFTY OR MORE ITEMS OF PERSONAL IDENTIFYING INFORMATION AS DEFINED IN
SECTION 191.00 OF THIS ARTICLE KNOWING SUCH INFORMATION IS INTENDED TO
S. 5146 7
BE USED IN FURTHERANCE OF THE COMMISSION OF A CRIME DEFINED IN THIS
CHAPTER.
UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE SECOND
DEGREE IS A CLASS E FELONY.
§ 191.40 UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE
FIRST DEGREE.
A PERSON IS GUILTY OF UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING
INFORMATION IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME OF
UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE SECOND
DEGREE AND:
1. WITH INTENT TO FURTHER THE COMMISSION OF IDENTITY THEFT IN THE
THIRD DEGREE, HE OR SHE SUPERVISES MORE THAN THREE ACCOMPLICES; OR
2. HE OR SHE HAS BEEN PREVIOUSLY CONVICTED WITHIN THE LAST FIVE YEARS
OF PETIT IDENTITY THEFT AS DEFINED IN SECTION 191.05, IDENTITY THEFT IN
THE FOURTH DEGREE AS DEFINED IN SECTION 191.10, IDENTITY THEFT IN THE
THIRD DEGREE AS DEFINED IN SECTION 191.15, IDENTITY THEFT IN THE SECOND
DEGREE AS DEFINED IN SECTION 191.20, IDENTITY THEFT IN THE FIRST DEGREE
AS DEFINED IN SECTION 191.25, UNLAWFUL POSSESSION OF PERSONAL IDENTIFY-
ING INFORMATION IN THE THIRD DEGREE AS DEFINED IN SECTION 191.30, UNLAW-
FUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE SECOND DEGREE
AS DEFINED IN SECTION 191.35, UNLAWFUL POSSESSION OF PERSONAL IDENTIFY-
ING INFORMATION IN THE FIRST DEGREE AS DEFINED IN THIS SECTION, UNLAWFUL
POSSESSION OF A SKIMMER DEVICE IN THE SECOND DEGREE AS DEFINED IN
SECTION 191.50, UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE FIRST
DEGREE AS DEFINED IN SECTION 191.55, 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, CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE THIRD
DEGREE AS DEFINED IN SECTION 170.20, CRIMINAL POSSESSION OF A FORGED
INSTRUMENT IN THE SECOND DEGREE AS DEFINED IN SECTION 170.25, CRIMINAL
POSSESSION OF A FORGED INSTRUMENT IN THE FIRST DEGREE AS DEFINED IN
SECTION 170.30, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE FIFTH
DEGREE AS DEFINED IN SECTION 165.40, CRIMINAL POSSESSION OF STOLEN PROP-
ERTY IN THE FOURTH DEGREE AS DEFINED IN SECTION 165.45, CRIMINAL
POSSESSION OF STOLEN PROPERTY IN THE THIRD DEGREE AS DEFINED IN SECTION
165.50, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE SECOND DEGREE AS
DEFINED IN SECTION 165.52, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE
FIRST DEGREE AS DEFINED IN SECTION 165.54, OR CRIMINAL POSSESSION OF
FORGERY DEVICES AS DEFINED IN SECTION 170.40 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 IDENTIFYING INFOR-
MATION 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 IDENTIFYING INFORMATION IN THE FIRST
DEGREE IS A CLASS D FELONY.
§ 191.45 DEFENSES.
IN ANY PROSECUTION FOR IDENTITY THEFT OR UNLAWFUL POSSESSION OF
PERSONAL IDENTIFYING 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 INFOR-
MATION OF ANOTHER SOLELY FOR THE PURPOSE OF PURCHASING ALCOHOL;
S. 5146 8
2. WAS UNDER EIGHTEEN YEARS OF AGE AT THE TIME OF COMMITTING THE
OFFENSE AND THE PERSON USED OR POSSESSED THE PERSONAL IDENTIFYING INFOR-
MATION OF ANOTHER SOLELY FOR THE PURPOSE OF PURCHASING TOBACCO PRODUCTS;
OR
3. USED OR POSSESSED THE PERSONAL IDENTIFYING 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.
§ 191.50 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 IDENTIFYING
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.
§ 191.55 UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE FIRST DEGREE.
A PERSON IS GUILTY OF UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE
FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME OF UNLAWFUL POSSESSION OF
A SKIMMER DEVICE IN THE SECOND DEGREE AND HE OR SHE HAS BEEN PREVIOUSLY
CONVICTED WITHIN THE LAST FIVE YEARS OF IDENTITY THEFT IN THE FOURTH
DEGREE AS DEFINED IN SECTION 191.10, IDENTITY THEFT IN THE THIRD DEGREE
AS DEFINED IN SECTION 191.15, IDENTITY THEFT IN THE SECOND DEGREE AS
DEFINED IN SECTION 191.20, IDENTITY THEFT IN THE FIRST DEGREE AS DEFINED
IN SECTION 191.25, UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMA-
TION IN THE THIRD DEGREE AS DEFINED IN SECTION 191.30, UNLAWFUL
POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE SECOND DEGREE AS
DEFINED IN SECTION 191.35, UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING
INFORMATION IN THE FIRST DEGREE AS DEFINED IN SECTION 191.40, UNLAWFUL
POSSESSION OF A SKIMMER DEVICE IN THE SECOND DEGREE AS DEFINED IN
SECTION 191.50, UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE FIRST
DEGREE AS DEFINED IN THIS SECTION, 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, GRAND LARCENY IN THE FIRST DEGREE AS DEFINED IN SECTION
155.42, CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE THIRD DEGREE
AS DEFINED IN SECTION 170.20, CRIMINAL POSSESSION OF A FORGED INSTRUMENT
IN THE SECOND DEGREE AS DEFINED IN SECTION 170.25, CRIMINAL POSSESSION
OF A FORGED INSTRUMENT IN THE FIRST DEGREE AS DEFINED IN SECTION 170.30,
CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE FIFTH DEGREE AS DEFINED IN
SECTION 165.40, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE FOURTH
DEGREE AS DEFINED IN SECTION 165.45, CRIMINAL POSSESSION OF STOLEN PROP-
ERTY IN THE THIRD DEGREE AS DEFINED IN SECTION 165.50, CRIMINAL
POSSESSION OF STOLEN PROPERTY IN THE SECOND DEGREE AS DEFINED IN SECTION
165.52, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE FIRST DEGREE AS
DEFINED IN SECTION 165.54, OR CRIMINAL POSSESSION OF FORGERY DEVICES AS
DEFINED IN SECTION 170.40 OF THIS CHAPTER.
UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE FIRST DEGREE IS A CLASS
E FELONY.
§ 2. Paragraph (a) of subdivision 1 of section 460.10 of the penal
law, as amended by chapter 189 of the laws of 2018, is amended to read
as follows:
S. 5146 9
(a) Any of the felonies set forth in this chapter: sections 120.05,
120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
ing to strangulation; sections 125.10 to 125.27 relating to homicide;
sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
135.25 relating to kidnapping; sections 135.35 and 135.37 relating to
labor trafficking; section 135.65 relating to coercion; sections 140.20,
140.25 and 140.30 relating to burglary; sections 145.05, 145.10 and
145.12 relating to criminal mischief; article one hundred fifty relating
to arson; sections 155.30, 155.35, 155.40 and 155.42 relating to grand
larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to health
care fraud; article one hundred sixty relating to robbery; sections
165.45, 165.50, 165.52 and 165.54 relating to criminal possession of
stolen property; sections 165.72 and 165.73 relating to trademark coun-
terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and
210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
176.30 relating to insurance fraud; sections 178.20 and 178.25 relating
to criminal diversion of prescription medications and prescriptions;
sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 200.56,
215.00, 215.05 and 215.19; sections 187.10, 187.15, 187.20 and 187.25
relating to residential mortgage fraud, sections 190.40 and 190.42
relating to criminal usury; section 190.65 relating to schemes to
defraud; SECTIONS 191.05, 191.10, 191.15, 191.20, 191.25, 191.30,
191.35, 191.40, 191.50, AND 191.55 RELATING TO IDENTITY THEFT; any felo-
ny defined in article four hundred ninety-six; sections 205.60 and
205.65 relating to hindering prosecution; sections 210.10, 210.15, and
215.51 relating to perjury and contempt; section 215.40 relating to
tampering with physical evidence; sections 220.06, 220.09, 220.16,
220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43, 220.46, 220.55,
220.60, 220.65 and 220.77 relating to controlled substances; sections
225.10 and 225.20 relating to gambling; sections 230.25, 230.30, and
230.32 relating to promoting prostitution; section 230.34 relating to
sex trafficking; section 230.34-a relating to sex trafficking of a
child; sections 235.06, 235.07, 235.21 and 235.22 relating to obscenity;
sections 263.10 and 263.15 relating to promoting a sexual performance by
a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the
provisions of section 265.10 which constitute a felony relating to
firearms and other dangerous weapons; sections 265.14 and 265.16 relat-
ing to criminal sale of a firearm; section 275.10, 275.20, 275.30, or
275.40 relating to unauthorized recordings; and sections 470.05, 470.10,
470.15 and 470.20 relating to money laundering; or
§ 3. Paragraph (a) of subdivision 3 of section 490.05 of the penal
law, as amended by section 7 of part A of chapter 1 of the laws of 2004,
is amended to read as follows:
(a) "Specified offense" for purposes of this article means a class A
felony offense other than an offense as defined in article two hundred
twenty, a violent felony offense as defined in section 70.02,
manslaughter in the second degree as defined in section 125.15, criminal
tampering in the first degree as defined in section 145.20, identity
theft in the second degree as defined in section [190.79] 191.20, iden-
tity theft in the first degree as defined in section [190.80] 191.25,
unlawful possession of personal identification information in the second
degree as defined in section [190.82] 191.35, unlawful possession of
personal identification information in the first degree as defined in
section [190.83] 191.40, money laundering in support of terrorism in the
S. 5146 10
fourth degree as defined in section 470.21, money laundering in support
of terrorism in the third degree as defined in section 470.22, money
laundering in support of terrorism in the second degree as defined in
section 470.23, money laundering in support of terrorism in the first
degree as defined in section 470.24 of this chapter, and includes an
attempt or conspiracy to commit any such offense.
§ 4. Paragraph (s) of subdivision 8 of section 700.05 of the criminal
procedure law is REPEALED and a new paragraph (s) is added to read as
follows:
(S) PETIT IDENTITY THEFT AS DEFINED IN SECTION 191.05, IDENTITY THEFT
IN THE FOURTH DEGREE AS DEFINED IN SECTION 191.10, IDENTITY THEFT IN THE
THIRD DEGREE AS DEFINED IN SECTION 191.15, IDENTITY THEFT IN THE SECOND
DEGREE AS DEFINED IN SECTION 191.20, IDENTITY THEFT IN THE FIRST DEGREE
AS DEFINED IN SECTION 191.25, UNLAWFUL POSSESSION OF PERSONAL IDENTIFY-
ING INFORMATION IN THE THIRD DEGREE AS DEFINED IN SECTION 191.30, UNLAW-
FUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE SECOND DEGREE
AS DEFINED IN SECTION 191.35, UNLAWFUL POSSESSION OF PERSONAL IDENTIFY-
ING INFORMATION IN THE FIRST DEGREE AS DEFINED IN SECTION 191.40, UNLAW-
FUL POSSESSION OF A SKIMMER DEVICE IN THE SECOND DEGREE AS DEFINED IN
SECTION 191.50, OR UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE FIRST
DEGREE AS DEFINED IN SECTION 191.55 OF THE PENAL LAW.
§ 5. Paragraph (b) of subdivision 1 of section 899-aa of the general
business law, as added by chapter 442 of the laws of 2005, is amended to
read as follows:
(b) "Private information" shall mean personal information consisting
of any information in combination with any one or more of the following
data elements, when either the personal information or the data element
is not encrypted, or encrypted with an encryption key that has also been
acquired:
(1) social security number;
(2) driver's license number or non-driver identification card number;
or
(3) account number, credit or debit card number, in combination with
any required security code, access code, or password that would permit
access to an individual's financial account; OR
(4) MEDICAL INFORMATION; OR
(5) HEALTH INSURANCE INFORMATION;
FOR PURPOSES OF THIS PARAGRAPH, "MEDICAL INFORMATION" MEANS ANY INFOR-
MATION REGARDING AN INDIVIDUAL'S MEDICAL HISTORY, MENTAL OR PHYSICAL
CONDITION, OR MEDICAL TREATMENT OR DIAGNOSIS BY A HEALTH CARE PROFES-
SIONAL.
FOR PURPOSES OF THIS PARAGRAPH, "HEALTH INSURANCE INFORMATION" MEANS
AN INDIVIDUAL'S HEALTH INSURANCE POLICY NUMBER OR SUBSCRIBER IDENTIFICA-
TION NUMBER, ANY UNIQUE IDENTIFIER USED BY A HEALTH INSURER TO IDENTIFY
THE INDIVIDUAL OR ANY INFORMATION IN AN INDIVIDUAL'S APPLICATION AND
CLAIMS HISTORY, INCLUDING, BUT NOT LIMITED TO, APPEALS HISTORY.
"Private information" does not include publicly available information
which is lawfully made available to the general public from federal,
state, or local government records.
§ 6. Paragraph (a) of subdivision 1 of section 208 of the state tech-
nology law, as added by chapter 442 of the laws of 2005, is amended to
read as follows:
(a) "Private information" shall mean personal information in combina-
tion with any one or more of the following data elements, when either
the personal information or the data element is not encrypted or
encrypted with an encryption key that has also been acquired:
S. 5146 11
(1) social security number;
(2) driver's license number or non-driver identification card number;
or
(3) account number, credit or debit card number, in combination with
any required security code, access code, or password which would permit
access to an individual's financial account[.]; OR
(4) MEDICAL INFORMATION; OR
(5) HEALTH INSURANCE INFORMATION.
FOR PURPOSES OF THIS PARAGRAPH, "MEDICAL INFORMATION" MEANS ANY INFOR-
MATION REGARDING AN INDIVIDUAL'S MEDICAL HISTORY, MENTAL OR PHYSICAL
CONDITION, OR MEDICAL TREATMENT OR DIAGNOSIS BY A HEALTH CARE PROFES-
SIONAL.
FOR PURPOSES OF THIS PARAGRAPH, "HEALTH INSURANCE INFORMATION" MEANS
AN INDIVIDUAL'S HEALTH INSURANCE POLICY NUMBER OR SUBSCRIBER IDENTIFICA-
TION NUMBER, ANY UNIQUE IDENTIFIER USED BY A HEALTH INSURER TO IDENTIFY
THE INDIVIDUAL OR ANY INFORMATION IN AN INDIVIDUAL'S APPLICATION AND
CLAIMS HISTORY, INCLUDING, BUT NOT LIMITED TO, APPEALS HISTORY.
"Private information" does not include publicly available information
that is lawfully made available to the general public from federal,
state, or local government records.
§ 7. Sections 190.77, 190.78, 190.79, 190.80, 190.80-a, 190.81,
190.82, 190.83, 190.84, 190.85 and 190.86 of the penal law are REPEALED.
§ 8. Subdivision 1 of section 60.27 of the penal law, as amended by
chapter 279 of the laws of 2008, is amended to read as follows:
1. In addition to any of the dispositions authorized by this article,
the court shall consider restitution or reparation to the victim of the
crime and may require restitution or reparation as part of the sentence
imposed upon a person convicted of an offense, and after providing the
district attorney with an opportunity to be heard in accordance with the
provisions of this subdivision, require the defendant to make restitu-
tion of the fruits of his or her offense or reparation for the actual
out-of-pocket loss caused thereby and, in the case of a violation of
section [190.78, 190.79, 190.80, 190.82 or 190.83] 191.05, 191.10,
191.15, 191.20 OR 191.25 of this chapter, any costs or losses incurred
due to any adverse action taken against the victim. The district attor-
ney shall where appropriate, advise the court at or before the time of
sentencing that the victim seeks restitution or reparation, the extent
of injury or economic loss or damage of the victim, and the amount of
restitution or reparation sought by the victim in accordance with his or
her responsibilities under subdivision two of section 390.50 of the
criminal procedure law and article twenty-three of the executive law.
The court shall hear and consider the information presented by the
district attorney in this regard. In that event, or when the victim
impact statement reports that the victim seeks restitution or repara-
tion, the court shall require, unless the interests of justice dictate
otherwise, in addition to any of the dispositions authorized by this
article that the defendant make restitution of the fruits of the offense
and reparation for the actual out-of-pocket loss and, in the case of a
violation of section [190.78, 190.79, 190.80, 190.82 or 190.83] 191.05,
191.10, 191.15, 191.20 OR 191.25 of this chapter, any costs or losses
incurred due to any adverse action, caused thereby to the victim. In the
event that restitution or reparation are not ordered, the court shall
clearly state its reasons on the record. Adverse action as used in this
subdivision shall mean and include actual loss incurred by the victim,
including an amount equal to the value of the time reasonably spent by
S. 5146 12
the victim attempting to remediate the harm incurred by the victim from
the offense, and the consequential financial losses from such action.
§ 9. Paragraph (b) of subdivision 4 of section 60.27 of the penal law,
as amended by chapter 313 of the laws of 2011, is amended to read as
follows:
(b) the term "victim" shall include the victim of the offense, the
representative of a crime victim as defined in subdivision six of
section six hundred twenty-one of the executive law, an individual whose
identity was assumed or whose personal identifying information was used
in violation of section [190.78, 190.79 or 190.80] 191.05, 191.10,
191.15, 191.20 OR 191.25 of this chapter, or any person who has suffered
a financial loss as a direct result of the acts of a defendant in
violation of section [190.78, 190.79, 190.80, 190.82 or 190.83] 191.05,
191.10, 191.15, 191.20 OR 191.25 of this chapter, a good samaritan as
defined in section six hundred twenty-one of the executive law and the
office of victim services or other governmental agency that has received
an application for or has provided financial assistance or compensation
to the victim. A victim shall also mean any owner or lawful producer of
a master recording, or a trade association that represents such owner or
lawful producer, that has suffered injury as a result of an offense as
defined in article two hundred seventy-five of this chapter.
§ 10. Subdivision 2 of section 646 of the executive law, as amended by
chapter 346 of the laws of 2007, is amended to read as follows:
2. An individual whose identity was assumed or whose personal identi-
fying information, as defined in [section 190.77] SUBDIVISION ONE OF
SECTION 191.00 of the penal law, was used in violation of section
[190.78, 190.79 or 190.80] 191.05, 191.10, 191.15, 191.20 OR 191.25 of
the penal law, or any person who has suffered a financial loss as a
direct result of the acts of a defendant in violation of section
[190.78, 190.79, 190.80, 190.82 or 190.83] 191.05, 191.10, 191.15,
191.20 OR 191.25 of the penal law, who has learned or reasonably
suspects that his or her personal identifying information has been
unlawfully used by another, may make a complaint to the local law
enforcement agency of the county in which any part of the offense took
place regardless of whether the defendant was actually present in such
county, or in the county in which the person who suffered financial loss
resided at the time of the commission of the offense, or in the county
where the person whose personal identification information was used in
the commission of the offense resided at the time of the commission of
the offense as provided in paragraph (l) of subdivision four of section
20.40 of the criminal procedure law. Said local law enforcement agency
shall take a police report of the matter and provide the complainant
with a copy of such report free of charge.
§ 11. This act shall take effect immediately.
