Enhances the criminal classifications for identity theft and related crimes

Summary of provisions

Section one amends the closing paragraph of section 190.23 of the penal law to reclassify "False personation" as a Class A misdemeanor.

Section 2 amends the closing paragraph of section 190.25 of the penal law to reclassify "criminal impersonation in the second degree" as a class E felony.

Section 3 amends the closing paragraph of section 190.26 of the penal law as to reclassify "criminal impersonation in the first degree" as a class D felony.

Section 4 amends the closing paragraph of section 190.78 of the penal law to reclassify the crime of "identity theft in the third degree" as a class E felony.

Section 5 amends the closing paragraph of section 190.79 of the penal law to reclassify the crime of "identity theft in the second degree" as a class D felony.

Section 6 amends the closing paragraph of section 190.80 of the penal law to reclassify the crime of "identity theft in the first degree" as a class C felony.

Section 7 amends the closing paragraph of section 190.85 of the penal law to reclassify the crime of "unlawful possession of a skimmer device in the second degree" as a class E felony.

Section 8 amends the second undesignated paragraph of section 190.86 of the penal law to reclassify the crime of "unlawful possession of a skimmer device in the first degree" as a class D felony.

Section 9 amends the closing paragraph of section 190.80-a of the penal law to reclassify the "crime of aggravated identity theft" as a class C felony.

Section 10 amends the closing paragraph of section 190.81 of the penal law to reclassify the crime of "unlawful possession of personal identification information in the third degree" as a class E felony.

Section 11 amends the second undesignated paragraph of section 190.82 of the penal law to reclassify the crime of "unlawful possession of personal identification information in the second degree" as a class D felony.

Section 12 amends section 190.83 of the penal law to reclassify the crime of "unlawful possession of personal identification in the first degree as a class C felony.

Section 13 provides that this act shall take effect on the first of November after it shall have become law and shall apply only to offenses committed after such a date.

Justification

The last six months has had the news media filled with stories of data breaches in data security surrounding some of our most famous retailers such as Target and Neiman Marcus. In the case of the Target data breach it is estimated that the breach affected almost 110 million customers of the retail chain and apart from the devastating effects the breach has had on customers the breach has cost Target $17 million and has caused customers to steer clear of the chain as the company's net earnings were down 46%. According to data compiled by the Consumer Bankers Association and the Credit Union National Association the cost of replacing credit and debit cards impacted by the breach costs around $200 million. According to the most recent reports the Neiman Marcus breach affected about 350,000 customers and of that 9,200 of the cards that have been compromised are believed to have been used fraudulently since the breach occurred. The impact on the customers affected, the stores involved and the financial institutions that issue the cards is enormous and identity theft and credit card fraud is a lucrative business. The penalties faced by those individuals brazen enough to commit such crimes must be increased so that the punishment adequately fits the crime.

Legislative history

New Bill

Fiscal implications

None

Effective date

First of November after it shall become law and shall apply to all offenses thereafter.