Legislation
SECTION 143
False identification documents
General Business (GBS) CHAPTER 20, ARTICLE 9-B
§ 143. False identification documents. 1. As used in this section,
"false identification document" means any document, including a personal
identification card, which is of a type intended or commonly used or
accepted for the purpose of identification of individuals and which is
not issued by or under the lawful authority of the named or indicated
issuer. "False identification document" shall also include a personal
identification document intended or commonly used or accepted for the
purpose of identification which resembles or is intended to resemble one
issued by the named or indicated issuer even though that issuer may be
fictitious.
2. No person, firm or corporation shall produce, advertise, offer for
sale, sell, distribute or otherwise transfer in this state any false
personal identification document unless such document bears the word
"NOVELTY" diagonally printed clearly and indelibly on both the front and
back of such document in capital letters in not less than twelve point
type.
3. Whenever there shall be a violation of this section, an application
may be made by the attorney general in the name of the people of the
state of New York or by the corporation counsel for any city or by an
attorney properly designated by the governing body to represent any
other political subdivision, to a court or justice having jurisdiction
by a special proceeding to issue an injunction, and upon notice to the
respondent of not less than five days, to enjoin and restrain the
continuance of such violations; and if it shall appear to the
satisfaction of the court or justice that the respondent has, in fact,
violated this section, an injunction may be issued by such court or
justice, enjoining and restraining any further violation, without
requiring proof that any person has, in fact, been injured or damaged
thereby. Whenever the court shall determine that a violation of this
section has occurred, the court may impose a civil penalty of not more
than five hundred dollars for each violation. In connection with any
such proposed application, the attorney general, corporation counsel or
other properly designated attorney, as the case may be, is authorized to
take proof and make a determination of the relevant facts and to issue
subpoenas in accordance with the civil practice law and rules. Each sale
of a false identification document shall constitute a separate and
distinct violation.
"false identification document" means any document, including a personal
identification card, which is of a type intended or commonly used or
accepted for the purpose of identification of individuals and which is
not issued by or under the lawful authority of the named or indicated
issuer. "False identification document" shall also include a personal
identification document intended or commonly used or accepted for the
purpose of identification which resembles or is intended to resemble one
issued by the named or indicated issuer even though that issuer may be
fictitious.
2. No person, firm or corporation shall produce, advertise, offer for
sale, sell, distribute or otherwise transfer in this state any false
personal identification document unless such document bears the word
"NOVELTY" diagonally printed clearly and indelibly on both the front and
back of such document in capital letters in not less than twelve point
type.
3. Whenever there shall be a violation of this section, an application
may be made by the attorney general in the name of the people of the
state of New York or by the corporation counsel for any city or by an
attorney properly designated by the governing body to represent any
other political subdivision, to a court or justice having jurisdiction
by a special proceeding to issue an injunction, and upon notice to the
respondent of not less than five days, to enjoin and restrain the
continuance of such violations; and if it shall appear to the
satisfaction of the court or justice that the respondent has, in fact,
violated this section, an injunction may be issued by such court or
justice, enjoining and restraining any further violation, without
requiring proof that any person has, in fact, been injured or damaged
thereby. Whenever the court shall determine that a violation of this
section has occurred, the court may impose a civil penalty of not more
than five hundred dollars for each violation. In connection with any
such proposed application, the attorney general, corporation counsel or
other properly designated attorney, as the case may be, is authorized to
take proof and make a determination of the relevant facts and to issue
subpoenas in accordance with the civil practice law and rules. Each sale
of a false identification document shall constitute a separate and
distinct violation.