Relates to creating identity theft in the fourth degree

1 Co-sponsor

• Ruben Diaz

Title of bill

An act to amend the penal law, in relation to creating the crime of identity theft in the fourth degree

Purpose or general idea of bill

Expands the scope of the crime of identity theft to include attempts to assume the identity of another person.

Summary of specific provisions

The penal law is amended to include a new section 190.77a to create the crime of identity theft in the fourth degree. Makes the crime of identity theft in the fourth degree a class A misdemeanor.

Justification

Identity theft is an ongoing Crime in the State of New York. Some identity theft is overt such as using stolen identification at a local or online retailer. Other forms of identity theft rely on "phishing" or "social engineeling". Individuals masquerade as someone else in order to gain information. They may, for example, contact a bank to learn if a potential victim has funds in their account. Or, they may contact a large computing institution pretending to be an executive who "forgot" his/her password. Merely pretending to be someone else, without more, does not constitute a crime. This legislation would address this gap in the existing identity theft law.

Prior legislative history

S.7613 of 2008 04/17/08 Referred to Codes

Fiscal implications

None.

Effective date

This act shall take effect on the one hundred and twentieth day after it shall have become law.